motion cannot be moved, principles of fair play
has to be read into before taking steps for moving no confidence
motion against directly elected Sarpanch ... motion is given jointly by more than one
Page 22 of 63
C/LPA/543/2017 CAV JUDGMENT
member, the motion may be moved
facilitate moving of a "No Confidence Motion". The "No Confidence
Motion" is actually moved in the meeting of the Village Panchayat ... decide whether the motion was moved or
not moved, the meeting in pursuance of the notice of no motion must
be held and vote must
MPTC Members issued notice expressing their
intention to move motion of no confidence for the first time and on
18.07.2018 they moved another motion ... imposed on moving
motion of no confidence. As per the first proviso, motion of no
confidence cannot be moved for the first four years from
question by reading the
motion for the consideration of the panchayat.
19. After a motion has been moved and seconded it shall
not be withdrawn ... alternative shall not be moved.
(5) Any number of amendments may be moved to the same
motion but no member shall move more than
member has to move a motion for expulsion and the member against
whom the motion has been moved will be asked to talk/explain ... after the explanation is given by the member against whom the
motion is moved, if not satisfied, the mood of the House will be
verified
confidence motion" and remaining 3 members have voted against
the "no confidence motion" moved by the 5 committee members ... Assistant
Registrar of Co-operative Societies rejected the said no confidence
motion moved by 5 members of the committee on the ground that
were to exists, it would not invalidate the
No-confidence Motion moved against the petitioner by
relying upon the judgment reported in 2004 AIR Kant ... effect of
existing Rules in respect of no-confidence
motion moved under sub-section (2) of Section
49 of the Act?"
22. The expression
such motion by the
authority. He has also contended that considering the vacancy
of three posts, no motion could have been moved and no
agenda ... that case , there
was no dispute that notice for no confidence motion moved
against the petitioner was supported by one half of the total
number
motion of no-confidence under Section 49(2) of the Act,
it is clear that no such motions of no-confidence can be
moved ... absence of the members specifying as to
whether it is a motion moved under Section 49(1) or
49(2) of the Act. Given
considering the no- confidence motion
moved against the petitioner.
2. I have heard the arguments of Sri Santosh
Hanmantharao Patil, learned counsel appearing for
petitioner ... regarding applicability of
rules insofar as it relates to no confidence motion moved
under Section 49(2) of the Act has been considered by
this
