Kamlesh Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 78 of 2019

1. Kamlesh Sahu S/o Munna Ram Sahu Aged About 27 Years

2. Satish Pandey S/o Krishnanand Pandey Aged About 25 Years Both are R/o Village Manikchauri, P. S. Pipariya, Tahsil Kawardha, District Kabirdham, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Department Of Panchayat Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh

2. Smt. Satyabhama W/o Shiv Prasad Sahu Aged About 40 Years Sarpanch (Suspended) Gram Panchayat Manikchouri, Tahsil Kawardha, District Kabirdham, Chhattisgarh

3. Commissioner Durg, Division Durg, District Durg, Chhattisgarh.

4. Collector Kawardha, District Kabirdham, Chhattisgarh

5. Sub Divisional Officer Kawardha, District Kabirdham, Chhattisgarh.

6. Miss. Bharti Sahu Secretary Gram Panchayat, Manikchouri, Tahsil Kawardha, District Kabirdham, Chhattisgarh.

---- Respondent For Petitioners Mr. Awadh Tripathi, Advocate For Respondent /State Mr. HS Ahluwalia, Dy. Advocate General Order On Board By Hon'ble Mr. Justice Prashant Kumar Mishra 14/1/2019

1. Heard.

2. By the order under challenge passed by the Commissioner, Bilaspur Division, the issue pertaining to removal of respondent No.2 -Sarpanch (suspended) of Gram Panchayat, Manikchouri, Tahsil Kawardha, District Kabirdham has been sent back to the SDO(R), Kawardha for deciding the matter afresh.

3. The operative part of the order passed by the Commissioner would clearly indicate that the entire issue has been left open and there is direction for deciding the matter afresh after hearing all the parties concerned. Therefore, the petitioner will also get an opportunity to present his case before the SDO(R).

4. Let the SDO(R), Kawardha, decide the matter, at the earliest, preferably within a period of 3 months from the date of submission of certified copy of this order.

5. The writ petition is disposed of. Sd/- (Prashant Kumar Mishra) Judge Shyna