Smt. Sumitra Devi Chauhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 226 of 2019 • Smt. Sumitra Devi Chauhan W/o Shri Hiralal Chauhan Aged About 45 Years R/o Village - Ghoghari, Post Office - Baasin, Police Station Dabhara, Tahsil Malkharauda, Civil And Revenue District Janjgir Champa Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Government Of Chhattisgarh, Naya Raipur, Civil And Revenue District Raipur Chhattisgarh.,

2. Additional Commissioner Bilaspur Division Bilaspur, Civil And Revenue District Bilaspur Chhattisgarh.

3. Collector Janjgir, Civil And Revenue District Janjgir Champa Chhattisgarh.

4. Smt. Laxmi Bai Chauhan W/o Anup Ram Chauhan Aged About 36 Years Sarpanch, Gram Panchayat Ghoghari, Janpad Panchayat And Tahsil Malkharauda, District Janjgir Champa Chhattisgarh. ---- Respondent For Petitioner : Shri Ramesh Nayak, Advocate.

For Respondent/State : Shri Sudeep Verma, Deputy GA. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 05/02/2019 :

1. The petitioner would challenge the order passed by the Additional Commissioner remitting the proceeding for decision afresh by the Collector, Janjgir Champa. The said original proceeding was initiated by the petitioner against respondent No.4 for her disqualification under

Section 36 of the CG Panchayat Raj Adhiniyam, 1993. Since the petitioner would also get an opportunity to participate in the proceeding before the Collector when the authority considers the matter afresh, no prejudice is caused to the petitioner if the impugned order is allowed to remain intact.

2. There is no substance in the Writ Petition. It is disposed of with a direction to the Collector to consider and decide the matter finally within outer limit of 2 months from today.

Sd/- Judge (Prashant Kumar Mishra) Barve