Smt. Niramala Gandharwa v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 615 of 2017 • Smt. Nirmala Gandharwa W/o Jivan Gandharwa Aged About 50 Years Sarpanch Gram Panchayat Bhathali Kala, R/o Village Bhathali Kala, Janpad Panchayat Mungeli, Tahsil & District Mungeli (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Collector Mungeli, Civil & Revenue Tahsil & District Mungeli (Chhattisgarh)

2. Shri Narad Singh Dhruv, Panch Gram Panchayat Bhathali Kala, Janpad Panchayat Mungeli, Tahsil & District Mungeli (Chhattisgarh) R/o Village Bhathali Kala, Tahsil & District Mungeli (Chhattisgarh) ---- Respondents For Petitioner Shri D. G. Kela, Advocate For Respondent-State Shri Arun Sao, Dy. AG For Respondent No.2 Shri C. K. Sahu, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 16/03/2017 1.

In exercise of powers under Section 40 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, the petitioner has been removed from the office of Sarpanch of Gram Panchayat Bhathali Kala, against which her appeal has been dismissed by the Collector, Mungeli and thereafter her revision application is pending consideration before the Additional Commissioner, Bilaspur Division. In the said revision application, the petitioner's prayer for grant of interim relief has been rejected by the

impugned order dated 21.02.2017.

2.

Since the petitioner has been removed from the office and her appeal has also been rejected by the Collector, Mungeli, the Revisional Authority has not committed any error by rejecting her application for grant of interim relief. However, it is directed that the Additional Commissioner, Bilaspur Division shall do well to decide the revision application on its own merits, at the earliest, preferably within a period of 3 months from the date of submission of certified copy of this order.

3.

The writ petition stands disposed of.

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala