Geeta Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 64 of 2019 • Geeta Bai W/o Shri Santram Baghel Aged About 55 Years Sarpanch Gram Panchayat Pendrawan, Tahsil and Block Bilaigarh, District- Baloda, Bazar- Bhatapara, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department of Panchayat and Rural Development, Mahanadi Bhawan, Mantralaya New Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Collector, Baloda Bazar, District- Baloda Bazar-Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

3. Sub Divisional Officer (Revenue) Bilaigarh, District- Baloda Bazar-Bhatapara, Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh

4. Chief Executive Officer, Janpad Panchayat Bilaigarh, DistrictBaloda Bazar- Bhatapara, Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh ---- Respondents For Petitioner ` Shri U. R. Koshaley, Advocate For Respondent-State Shri Rajesh Singh, Dy. GA Hon'ble Justice Mr. Prashant Kumar Mishra Order On Board 14/01/2019 1.

Petitioner is Sarpanch of Gram Panchayat, Pendrawan, Tehsil Bhilaigarh, District Baloda Bazar-Bhatapara. He is aggrieved by the order (Annexure-P-1), whereby the CEO, Janpad Panchayat, Bhilaigarh has handed over the charge of the Sarpanch to the petitioner, upon her cancellation of the order of suspension, however, the petitioner has not been handed over the charge of

the financial power of the office.

2.

In WPC No.1635/2018 (Devkumar Jangde vs State of Chhattisgarh and others), decided on 31.07.2018, this Court has held that an office bearer of Gram Panchayat cannot be stripped of financial powers when he is otherwise allowed to function as Sarpanch.

3.

The matter in issue is squarely covered by the order passed by the Coordinate Bench, therefore, the impugned order is quashed at the admission stage.

4.

The writ petition stands allowed.

Sd/- Prashant Kumar Mishra Judge Nirala