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Judgment
Vishal Mishra, J
The present petition has been filed assailing the order dated 10.11.2025 passed by the respondent No.3 whereby the resolution of No Confidence Motion has been passed against the petitioner without following the due procedure as provided under Section 21 of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993.
A preliminary objection was raised by the counsel appearing for the State that against the order passed by the authorities, the petitioner is having a remedy in terms of Section 21(4) of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 to challenge the validity of the motion carried out under sub-section (1) within seven days from the date on which such motion was carried and refer the dispute to the Collector. It is submitted by the counsel for the State that the petitioner has directly approached this Court without availing the alternative and efficacious remedy, therefore, the petition is not maintainable.
As there is an alternative and efficacious remedy available to the petitioner to challenge the validity of the motion carried out under Section 21 sub-Section (1) of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993, in terms of Section 21 sub-Section (4) of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993, this Court is not inclined to entertain this writ petition.
The writ petition sans merit and is accordingly dismissed.
However, the petitioner is at liberty to avail the alternative and efficacious remedy provided under Section 21 sub-Section (4) of the Adhiniyam, 1993.
