Ranjeeta Shukla v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 706 of 2021 Ranjeeta Shukla W/o Navin Shukla Aged About 37 Years Occupation Sarpanch, R/o Gram Post - Kohraud, Tehsil Baloda Bazar , District : Balodabazar-Bhathapara, Chhattisgarh --- Petitioner

Versus

1. State of Chhattisgarh through the Secretary, Scheduled Tribe, Schedule Caste Welfare Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District Raipur Chhattisgarh.

2. Collector Baloda Bazar, District Baloda Bazar Chhattisgarh.

3. CEO, Janpad Panchayat Baloda Bazaar District Baloda Bazar Chhattisgarh.

4. Satyanarayan Ghritlehre S/o Daeuram Ghritlehre Upsarpanch, Village Kharaud, District Baloda Bazar Chhattisgarh.

5. Ratiram Verma S/o Balram Verma Panch of Village Kohraud, District Baloda Bazar.

6. Charbai Yadav W/o Birbal Yadav Panch of Village Kohraud, District Baloda Bazar.

7. Shail Kumari Paikra W/o Suraj Paikara Panch of Village Kohraud, District : Balodabazar-Bhathapara, Chhattisgarh

8. Valmiki Sahu S/o Kanhiya Sahu Panch of Village Kohraud, , District : Balodabazar-Bhathapara, Chhattisgarh

9. Kanti Verma W/o Baliram Verma Panch of Village Kohraud, District : Balodabazar-Bhathapara, Chhattisgarh 10.Archana Shukla W/o Rajnikant Shukla Panch of Village Kohraud, District : Balodabazar-Bhathapara, Chhattisgarh 11.Pushpa Bai Paikra W/o Ramnarayan Paikra Panch of Village Kohraud, District : Balodabazar-Bhathapara, Chhattisgarh 12.Manoj Markandey S/o Kunjram Markandey Panch of Village Kohraud, District : Balodabazar-Bhathapara, Chhattisgarh 13.Sonchand Gendre S/o Manaram Gendre Panch of Village Kohraud, District : Balodabazar-Bhathapara, Chhattisgarh 14.Sunita Sonwani W/o Rajesh Sonwani Panch of Village Kohraud, District : Balodabazar-Bhathapara, Chhattisgarh 15.Satwati Bai Kurrey W/o Baccheram Kurrey Panch of Village Kohraud, District : Balodabazar-Bhathapara, Chhattisgarh 16.Bhawanbai Purena W/o Laxman Purena Panch of Village Kohraud, District : Balodabazar-Bhathapara, Chhattisgarh

17.Nanduram Ratre S/o Govind Ram Ratre, Panch of Village Kohraud, District : Balodabazar-Bhathapara, Chhattisgarh 18.Saraswati Sahu W/o Suresh Sahu, Panch of Village Kohraud, District : Balodabazar-Bhathapara, Chhattisgarh 19.Fulbai Khandey W/o Koshal Khandey Panch of Village Kohraud, District : Balodabazar-Bhathapara, Chhattisgarh 20.Aghan Das Manikpuri S/o Hari Das Manikpuri Panch of Village Kohraud, District : Balodabazar-Bhathapara, Chhattisgarh 21.Khelinbai Fekar W/o Santosh Fekar Panch of Village Kohraud, District : Balodabazar-Bhathapara, Chhattisgarh 22.Bhuneshwari Patel W/o Ishwari Prasad Patel, Panch of Village Kohraud, District : Balodabazar-Bhathapara, Chhattisgarh 23.Kamalnarayan Yadav S/o Santram Yadav Panch of Village Kohraud, District-Balodabazar-Bhathapara-Chhattisgarh --- Respondents For the Petitioners :

Mr. Sumit Singh Rathore, Advocate For the State :

Mrs. Richa Shukla, Dy. Govt. Adv.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .02.2021

1. The instant petition has been filed on the ground that the petitioner is an elected Sarpanch of village Kohraud, Tahsil Baloda Bazar and along-with the petitioner, the other members (Panches) were elected. After the election, it is contended that the petitioner has not been able to perform her job which she is entitled under the Panchayat Raj Adhiniyam and every move of the petitioner is being objected by the respondent members (Panches) thereby she is not able to perform her duty cast upon her under the Act of 1995. He would submit that the petitioner has made complaint to the Collctor against the acts of the respondentmembers, however, the Collector has not taken any decision, therefore, the Collector may be directed to take appropriate

action on the application of the petitioner.

2. On such contention of the petitioner, Prima facie, it appears that the whatever the resolutions or moves which are putforth by the petitioner are not supported by the respondent members. If that be the position, the this Court cannot sit as an administrative officer to decide the job of Gram Panchayat. The petitioner though had sought that the Collector may be directed to take a decision over the complaint of the petitioner, but on a query being made whether such power exists in statute under the Panchayat Raj Adhiniyam or not, the counsel is unable to satisfy the Court. It is for the respondent-members and the petitioner to amicably resolve the matters in a gram Panchayat meeting. The High Court cannot act as as supervisory authority to direct the respondents, if certain resolutions of moves of the petitioner are not supported by other ward members. It is the democratic process which the parties are jointly required to follow in the over-all interest and progress of the Gram Panchayat. The petition sans merit and is dismissed. Sd/- GOUTAM BHADURI JUDGE R a o