Research › Search › Judgment

Madhya Pradesh High Court · body

2014 DIGILAW 522 (MP)

Champa Bai v. State of M. P.

2014-05-05

B.D.RATHI, S.K.GANGELE

body2014
Judgment Heard. 2. Appellant has filed this appeal under Section 2(1) of M.P. Uchcha Nyayalay (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the order dated 02-12-2013 passed in Writ Petition No.8480/2013. The appellant who was Sarpanch of Gram Panchayat Digdoli Tahsil Pohri District Shivpuri, challenged no confidence motion before the Writ Court. Writ Court has dismissed the writ petition on the ground that the appellant has remedy to challenge the same in accordance with Section 21(4) of Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 which reads as under: “21(4) If such Sarpanch or Panch, as the case may be, desires to challenge the validity of recalling him under the foregoing sub-sections he shall within seven days from the date on which he is deemed to have vacated the office, refer dispute to the Collector who shall decide it, as far as possible within 30 days from the date on which it was received by him and his decision shall be final.” 3. After going through the facts of the case, in our opinion it would be just and proper if appellant would avail the remedy as available to her in accordance with the provisions of Section 21(4) of the Act of 1993. Therefore, this appeal is disposed of with the following directions: (i) 15 days' time is granted to the appellant to prefer the dispute under Section 21(4) of the Act of 1993 to the Collector against no confidence motion. (ii) On moving the said dispute, the same shall be decided in accordance with law. (iii) Up to the period of 15 days, operation of no confidence motion shall remain stayed. It is clarified that this Court has not opined about merits of the matter.