Smt. Koashalya Bai vs M.P. State Election Commission

Sanjay Yadav, J.—Besides challenging the election dated 16.1.2013; whereby, Sarpanch of Gram Panchayat Sodarpur has been elected in a bye-election, the petitioner, erstwhile Sarpanch, Gram Panchayat Sodarpur also questions the no confidence motion dated 10.9.2012 (Annexure P-1) which led to removal of petitioner as Sarpanch. The post of Sarpanch, Gram Panchayat Sodara, Janpad Panhayat Gyaratganj, district Raisen fell vacant because the petitioner who was elected for the said post in 2010 was later on removed in a proceeding u/s 21(1) of Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam 1993 on 10.9.2012; where-against the petitioner raised dispute under sub-section (4) of Section 21 of 1993 Act. The dispute is pending final decision. While the matter stood thus, as the post of Sarpanch Gram Panchayat Sodarpur, Janpad Panhayat Gyaratganj, district Raisen had fallen vacant a notification for bye election of said post has been held on 5.1.2012 by the Madhya Pradesh Election Commissioner.

Grievance of the petitioner is that pending appeal the respondents are not justified in holding the bye-election.

Contention of the petitioner when tested on the anvil of Section 21 read with Section 38(1) of Adhiniyam deserves to be negatived.

Sub section (1) of Section 21 of 1993 Adhiniyam stipulates that on a motion of no confidence being passed by the Gram Panchayat by a resolution passed by majority of not less than three fourth of the panchas present and voting and such majority is more than two third of the total number of Panchas constituting the Gram Panchayat for the time being, the Sarpanch or Up-Sarpanch against whom such motion is passed, shall cease to hold office forthwith.

Furthermore, clause (a) of sub-section (1) of Section 38 of Adhiniyam 1993 stipulates that in the event of removal of an office bearer of a Panchayat, a casual vacancy shall be deemed to have occurred in his office and such vacancy shall be filled as soon as may be by election in accordance with the provisions of the Adhiniyam and the rules made thereunder.

The action of the respondents when adjudged on the anvil of the provisions mentioned above, in the given facts of present case, cannot be faulted with.

In view whereof no interference is caused with the election of Sarpanch Gram Panchayat Sodarpur, Janpad Panhayat Gyaratganj, district Raisen.

In respect of challenge to no confidence motion, the petitioner since already raised a dispute under sub-section (4) of Section 21 which is pending consideration the plea to adjudge such no confidence motion in a writ petition under Article 226 of the Constitution of India cannot be taken recourse to. In view whereof since the petition is devoid of substance no interference is caused. Petition fails and is dismissed. No costs.