Court : Madhya Pradesh
Reported in : 1998(2)MPLJ661
..... 1 of 1994 (hereinafter referred to as the act of 1994') chapter i deals with ..... chapter ii deals with gram sabha and chapter iii deals with establishment of panchayats and section 21 of the act of 1994 deals with no confidence motion against sarpanch and up sarpanch, which reads as under ..... no confidence motion shall be 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- sub-section (2) of section 21 says that a sarpanch or up-sarpanch shall not preside over a meeting in which a motion of no confidence is discussed against him. ..... learned counsel has specially invited our attention to sub-section (2) of section 21 of the act of 1994, which says that the sarpanch or the up-sarpanch, as the case may be, shall have a right to speak at, or otherwise to take part in the proceeding ..... authority shall satisfy himself about the admissibility of the notice with reference to sections 21(3), 28(3) and 35(3), as the case may be and he shall fix the date, time and place for the meeting of the gram panchayat, janpad panchayat or zila panchayat, as the case may be, 'which shall not be more than fifteen days from the date of receipt of the said notice. ..... pradesh panchayat raj adhiniyam, 1993, was enacted by act no. ..... panchayat raj adhiniyam, 1993, are materially different; therefore, the ratio given in shankerlal's case (supra) will not have bearing on .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1997MP184; 1997(1)MPLJ512
..... now, we may come to the act of 1994 which was passed by the state legislature on account of 74th amendment in the constitution whereby part ix was introduced by this amendment in the constitution, a new chapter was inserted by providing greater autonomy to panchayat and ..... , it is for the state legislature to enact the law as this area has been left upon by sub-clause (5) of article 243c and the reasons appeared to be that since the gram sabha is in the lowest in the heirarchy of the three tier system, the parliament has thought it proper that the state legislature may legislate on this aspect looking to the geographical and ..... ) is not chairman or vice-chairman of co-operative society:shall be elected as sarpanch, subject to provisions of sub-sections (2), (3) and (4) by persons whose names are included in the list of voters of the gram panchayat area in such manner as may be prescribed,x x x x xsection 20 deals with the first meeting and term of office, and section 21 deals with no-confidence motion against sarpanch and upsarpanch, which is relevant ..... motion by a majority of the total number of elected members of the panchayat and by a majority not less than two-thirds of the members present and voting and the gram sabha at the specially convened meeting after a notice of not less than fifteen days has passed a resolution for such removal by a majority of its members present and voting, ..... panchayat raj act where a pradhan is removable by the gram sabha was odious as a gram sabha is .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2005MP170; 2005(2)MPLJ353
..... law for the time being in force in the state;(iv) with prior approval of janpad panchayat may also perform other functions as it may desire to perform:provided that where any such function is entrusted to the gram sabha, it shall act as an agent of the state government, zila panchayat, as the case may be, and necessary funds and other assistance for the purpose shall be provided to it by the state government, zila panchayat or janpad panchayat, as ..... the present reference has arisen in a different factual matrix inasmuch as certain provisions of madhya pradesh panchayat raj evam gram swaraj adhiniyam, 1993 (for brevity 'the act') that were incorporated by way of amendment into the aforesaid statute faced assail pertaining to their constitutional validity in the case of jankidas bairagi and anr. ..... true it is there is a distinction between 'gram panchayat' and 'gram sabha' but to contend that inferentially it is permissible on the bedrock of the provisions of chapter ix of the constitution and it is in consonance with the same is a stretched proposition to which, we are afraid, can not ..... , air 1994 sc 544 the apex court declared the provision in the ..... , (1994) 3 scc 1, their lordships have held that preamble to the constitution is a part of its ..... , 1994 (supp) (1) scc 324, challenge was to the constitutionality of the special status conferred on the state of sikkim by virtue of the constitution (thirty sixth amendment), 1975 particularly in the matter of the reservation of the seats for .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ67
..... , obligation, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this act has not been enforced :provided further that, subject to the preceding proviso anything done or any action taken (including any appointment, or delegation made, notification, notice, order, instruction or direction issued, rule, regulation ..... of sub-rule (2) if the prescribed authority is of opinion -(a) that on the date of his election or co-option a returned candidate was not qualified or was disqualified to be chosen to fill the seat under the act; or(b) that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the contest of a returned candidate or his election agent; or(c) that any nomination paper has ..... pradesh panchayat raj act, 1993 and madhya pradesh panchayat election rules, 1994 may also ..... apportion the assets and liabilities of the existing gram panchayat amongst the corresponding gram panchayats constituted under this act according to the guideline issued by the state ..... chapter vi deals with conduct of elections, chapter vii deals with the candidates and their agents, chapter viii deals with the general procedure of election, chapter ix deals with poll and voting for election and chapter x deals with ..... indicated in chapter iii of the rules of 1994. ..... chapters vi to x of the rules of 1994 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(4)MPHT364
..... shall satisfy himself about the admissibility of the notice with reference to sections 21 (3), 28 (3) and 35 (3), as the case may be, on being thus satisfied, he shall fix the date, time and place for the meeting of the gram panchayat, janpad panchayat or zila panchayat, as the case may be, which shall not be more than fifteen days from the date of receipt of the said notice. ..... court rules wherein it is provided that petition for a direction or order or writ including writs shall conform to the provisions of order ii rules t, 2 and 3 of the civil procedure code and rules 2 and 3 of chapter iv of the rules of the high court in the matter of affidavits to be filed in support thereof. ..... panchayat (gram panchayat ke sarpanch tatha up-sarpanch, janpad panchayat tatha zila panchayat ke adhyaksh tatha upadhyaksh ke virudh avishwas prastav) rules, 1994 (hereinafter, referred to as 'rules ..... counsel for respondent submitted that the act and the manner in which the application for motion of no-confidence was considered is not the intention of rule 3 of the ..... panchayat raj (appeal and revision) rules, 1995 and submitted that under rule 5 commissioner is empowered to satisfy himself as to legality or propriety of any order passed by or as to the regularity of the ..... panchayat raj adhiniyam, 1993 (hereinafter referred to as the 'adhiniyam'), twenty panchas of janpad panchayat have submitted intention to bring motion of no-confidence against the president of janpad panchayat, morena vide annexure .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT466; 2001(3)MPLJ375
..... prescribed authority may suspend from office any office bearer--(a) against whom charges have been framed in any criminal proceedings under chapters v-a, vi, [ix], ix-a, x, xii, sections 302, 303, 304b, 305, 306, 312 to 318, 366a, 366b, 373 to 377 of chapter xvi, sections 395 to 398, 408, 409, 458 to 460 of chapter xvii and chapter xviii of the indian penal code, 1860 (xlv of 1860) or under any law for the time being in ..... panchayat; or (h) is suffering from a variety of leprosy which is infectious; or(i) has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgment of allegiance or adherence to a foreign state; or(j) has been disqualified under the act repealed by section 130 during the period of five years preceding the date of filing a nominationpaper in any election to be held for the first time under this ..... act and the period of such disqualification has not elapsed or the disqualification has not be removed; or(k) is disqualified by or under any law for the time being in force for the purpose of ..... 17 of the madhya pradesh panchayat raj adhiniyam, 1993 (hereinafter referred to as 'the act') deals with the election of ..... pradesh panchayat (gram panchayat ke sarpanch tatha up-sarpanch, janapad panchayat tatha zila panchayat ke president tatha vice-president ke virudh avishwas prastav) niyam, 1994. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(2)MPHT38; 2006(3)MPLJ360
..... cum competent authority after holding enquiry in the election petition recorded a finding that against the petitioner an action was taken under section 92 of the act and the petitioner was disqualified as on date when he contested the election and recording aforesaid finding the election of petitioner was declared as void and respondent ..... panchayat raj avam gram swaraj adhiniyam, 1993 (hereinafter referred to as 'act' for short) and set aside the election of petitioner for the office of sarpanch, gram panchayat, siloda ..... there may be cases in which sarpanch who acting bonafidely in the interest of public or welfare of gram panchayat have made little more expenditure in the welfare of public, for which he may not be authorised, but on knowing if he has rectified the mistake and deposited the amount it can not be said that such ..... after recording finding in respect of such misconduct action is contemplated under section 40 of the act which provides that the prescribed authority after such enquiry as it may deem fit may remove the office bearer if he is found guilty of misconduct of discharge of his ..... be recovered as an arrear of land revenue; and(b) for recovering any such record or articles issue a search warrant and exercise all such powers with respect thereto as may lawfully be exercised by a magistrate under the provisions of chapter vii of the code of criminal procedure, 1973 (no. ..... this regard reference is made to the notification issued under section 2 of the act dated 5-3-1994. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(2)MPHT193
..... the block as the proportion of the scheduled castes and scheduled tribes in the block bears to the total population of the block :provided that for the purpose of computing the number of sarpanch of gram panchayat to be reserved for scheduled tribes in the block, other than the scheduled areas forming part of that block, the total population of the scheduled areas falling within that block and the population ..... the said proviso below section 129-e (1) introduced by the governor by notification issued under para 5 of 5th schedule of the constitution reads as under :--'provided also that the gram panchayats in the scheduled areas which have no population of scheduled tribes shall be excluded in prescribed manner from allotment of seats or the offices as the case may be, reserved for ..... to--(a) the states of nagaland, meghalaya and mizoram;(b) the hill area in the state of manipur for which district councils exist under any law for the time being in force. ..... the relevant provisions introduced by the amendment act mentioned above applicable to the gram panchayats for the purpose of reservation of seats for members contained in section 13 (4), ..... of scheduled areas is concerned, the union of india has already in its return referred to the recommendations of the bhuria committee which resulted in the constitutional amendment and introduction of chapter ix and ixa in the constitution in the year 1997 ..... sikkim case) [(1994) supp. (1) ..... raj adhiniyam, 1993 (hereinafter referred to shortly as the act .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(2)MPHT242; 2001(2)MPLJ419
..... chapter iii of the act deals establishment of panchayats, namely, gram sabha, gram panchayat, janapad panchayat and zila ..... as the relevant facts have not been taken into consideration and the concept of term 'election' as used in section 122 (1) of the act, has a different meaning in its connotalive sense and conceptual eventuality, i am of the considered opinion that the decision rendered in the case of tikaram (supra) requires ..... this decision has no application to this case and turns upon the provisions of the city of nagpur corporation act, 1948 since proviso to section 16 of the said act of 1948 created fiction that the candidate declared elected would be deemed to have entered on his office from the date of his election and the notification could follow ..... the subsequent proceedings are null and void; while shri rajendra tiwari, learned senior counsel appearing for respondent shri rao khetsingh submitted that section 122 of the act can not be interpreted to mean that election petition can not be presented before notification comes into existence. ..... provision in section 33 has to be read with rule 22 of the rules of 1995.chapter iv of the rules of 1995 deals with election of up-sarpanch, president and vice-president. ..... panchayats election rules, 1994 followed by public announcement and publication in ..... -divisional officer, bareti and others [1999 (2) mplj 209].the other side contests this claim and submits that section 122 of the madhya pradesh panchayat raj adhiniyam, 1993 (no. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(3)MPHT407
..... the notice of such meeting specifying the date, time and place thereof shall be caused to be dispatched by him through the secretary of the gram panchayat or chief executive officer of the janpad or zila panchayat, as the case may be, to every member of the panchayat concerned seven days ..... after considering the provisions of rule 3(3) of the niyam of 1994 read with the provisions of section 21 and section 95 relating to rule making power of the madhya pradesh panchayat raj adhiniyam, 1993, as well as considering the provisions of section 21 of the m.p.general clauses act, 1957 and after considering the rival decisions in the case of dhumadandhin (supra) and in ..... dhumadandhin (supra), the question before the learned single judge was whether a no confidence motion against sarpanch of gram panchayat passed at meeting held beyond period of 15 days from the date of notice would be valid or not and after considering the earlier decision in the ..... on being thus satisfied, he shall fix the date, time and place for the meeting of the gram panchayat, janpad panchayat or zila panchayat, as the case may be, which shall not be more than fifteen days from the date of receipt ..... notice under section 3 (1) of the madhya pradesh panchayat (gram panchayat ke sarpanch tatha up-sarpanch, janpad panchayat tatha zila panchayat ke president tatha vice-president ke virudh avishwas prastav) niyam, 1994 (hereinafter referred to as the niyam of 1994) was also issued by the sub divisional officer on 29.11.2007 .....
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