a^i^^^^^ fi^ M&iSSiKSiiii^^^^^SW^^^& M •I HIGH COURT OF JUDICATUREAT BILASPUR.GHHATTISGARH SINGLE BENCH: HON'BLE SHRI S.R.NAYAK, CJ. WRIT PETITLONiSiO. 2237 OF 200S PETIT10NER '--^-' Vs. Smt. Manni Bai, W/o. Shri Banshidhar, aged about 32 years, Sarpanch, Gram Panchayat Karra, Biock fyiasturi, District Bilaspur (CG) r/o. Viilage Karra, Biock Masturi District Biiaspur (CG). 1. The State of Chhaffisgarh, Through The Panchayat Social Weiafare Department, Chhattisgarh, D.K.S. Building, Raipur (C.G.) 2. Prescribed Authority/Sub Divlaional Officer, ®,Bliaspur (CG). 3. Sub Divisionai Officer, (Revenue), Biiaspur, Tahsii and Districi Biiaspur (CG). 4. Chief ExecutEve Officer, Janpad Panchayat, Masturi, District Biiaspur (CG). 5. Shri S.S. Dubey, Naib Tahsiidar, Sipat, District Biiaspur (CG). 6. Smt. Lata Devi Kaushik, Up-Sarpanch, Gram Panchayat, Karra, Btock Masturi, . Distrtet Biiaspur (CG) 7. Suresh, Panch, Gram Panchayat, Karra, Block Masturi, District Bilaspur (CG). 8. Kanwa! Prasad, Panch, Gram Panchayat, Karra, Biock Masturi, District Biiaspur (CG). 9. Ude Ram, Panch, Gram Panchayat, Karra, Block Masturi, District Bilaspur (CG). 10 Ram Prasad, Panch, Gram Panchayat, Karra, B!ock Masturi, District Bilaspur (CG). 11. Ram Khiiawan, Panch, Gram Panchayat, Karra, Biock Masturi, District Bilaspur (CG). 12. Itwari Ram, Panch, Gram Panchayat, Karra, Block Masturi, District Bitaspur (CG). 13. Raj Kumari, Panch, Gram Panchayat, Karra, Block Masturi, District Biiaspur (CG). 14. Smt. Lalita, Panch, Grsm Panchayat, Karra, Biock Masturi, District Bjlaspur (CG). •!t !'M BS^^B ',{- ^l -A- 15. 16. 17. 18. 19. 20. 21. 22. 23. 25. Usha, Panch, Gram Panchayat, Karra, B!ock Mqsturi, Dfetrict Bilaspur (CG). Mani Ram, Panch, Gram Panchayat, Karra, Block Masturi, District Bilaspur (CG). Raj Kumar Kaushik, Panch, Gram Panchayat, Karra, Biock Masturi, Dlstrict Biiaspur (CG). Savitri, Panch, Gram Panchayat, Karra, Biock IViasturi, District Bilaspur (CG). Ramcharan Kaushik, Panch, Gram Panchayai, Karra, Block Masturi, District Biiaspur (CG). Gariba, Panch, Gram Panchayat, Karra, Biock Masturi, District Bilaspur (CG). Dukhwa, Panch, Gram Panchayat, Karra, Biock Masturi, District Biiaspur (CG). Ramshiia, Panch, Gram Panchayat, Karra, Biock Masturi, District Biiaspur Hira Singh, Panch, Gram Panchayat, Karra, Biock Masturi, District Bilaspur (CG). Kumari Bai, Panch, Gram Panchayat, Karra, Block Masturi, District Biiaspur (CG). Banshidhar Verma, Panch, Gram Panchayat, Karra, Block Masturi, District Bilaspur (CG). Shri Garry h/lukhopadhya, iearned counsei for the petitioner. Shri Utkarsh Verma, iearned Dy. G.A. for the State. (Passed on 28th April, 2005] The petitioner was the Sarpanch of Gram Panchsyat, Karra, Biock Masturi, District Bilaspur. "No confidersce motion" signed by 17 members of the Gram Panchayat was submlttecT to the Prescribed Authority, nameiy, Sub Divisional Officer (Revenue), Biiaspur. Taking cognizance of the said no confidence motion moved by 17 out of 21 members of the Gram Panchyat, the 2 respondent issued notice on 18.04.2006 convening the meeting at 11.00 a.m. on 02.05.2006 at Primary Schoc! \< es Building, Karra. At thst stage, this writ petition was filed seeking intervention of the Court. (2) ! heard learned counsel for fhe petitioner and learned Dy. Govt. Ad'/ocate for the State. it was contended by iearned counse! for ths petitioner that no confidence motion submitted by the 17 members of the Gram Panchayat is not in conformity with sub-Ruie (1) of RuSe 3 of the Chhattisgarh Gram Panchayat Avishwas Prasthav Niyam, 1994 (for short the 'Niyam'); the 2 respondent did not veriiy the genuineness of the no confidence motion and it was in fact signed by 18 persons and not 17 persons. It was aiso contended by the learned counsel that the notice dated 18.04.2006 (Annexure-P/9) issued by the 2 respondent is aiso not in conformity with the Rules. None of the above contentions are wel! - founded. No confidence motion was signed by as many as 17 members out of 21 members of the Gram Panchayat. It is not the case of the petitioner that 17 members of the Gram Panchayat did not subscribe to She no confidence motion. Therefore, whether it is slgned by 17 or 18 members would not make any difference with regard to the merit of the case. Be that as it may, even the order-sheet maintained by the second respondent produced In the writ petition wouid a!so show that if Up-Sarpanch Is also included, the total number of the members who have subscrlbed their signatures to the no confidence motion would become 18. (3) I have perused Annexure-P/9 dated 18-04-2006. !t Is in substantiai conformity with the requirement of sub-Rule (3) of Rule 1. Annexure-P/9 mentions fixed time and date of the meeting as we!l as venue of the meeting. !t a!so cieariy mentions the agenda for the meeting. There is no merit in the writ petltion. Writ petition is accordingly dismissed. No costs. — — i ChiefJustice