High Court Of ChhattisgarhWPC/1535/2016dismissed

Smt. Sumrit Bharti v. State Of Chhattisgarh

2016-06-21Hon'Ble Shri Justice Prashant Kumar Mishra1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1535 of 2016 • Smt. Sumrit Bharti S/o. Shri Dauwa Bharti Aged About 40 Years Occupation- Ex- Sarpanch Of Gram Panchayat Lohardih Janpad Panchayat Mahasamund, R/o. Village Lohardih, Thana Mahasamund, Civil & Revenue Distt. Mahasamund (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Panchayat & Rural Development Department Mahanadi Bhawan Capital Complex, New Raipur, Civil & Revenue Distt. Mahasamund (Chhattisgarh)

2. Collector Mahasamund, Distt. Mahasamund (Chhattisgarh)

3. Sub Divisional Officer ( Revenue)/ Prescribed Officer Mahasamund, Distt. Mahasamund (Chhattisgarh)

4. Tahsildar Mahasamund, Distt. Mahasamund (Chhattisgarh) ---- Respondents For Petitioner :

Shri Sunil Sahu, Advocate For Respondents-State :

Shri Ramakant Mishra, Dy. AG for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 21/06/2016

1. Petitioner is the elected Sarpanch of the Gram Panchayat Lohardih Janpad Panchayat Mahasamund, who has been ousted from the office after motion of no confidence was voted against her.

2. The petitioner has statutory remedy under Section 21 (4) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 to make statutory representation before the Collector.

3. In view of the availability of statutory alternative remedy, this writ petition is not maintainable. It is accordingly dismissed as not maintainable. However, the petitioner would be at liberty to move before the Collector. Sd/- Judge Prashant Kumar Mishra Ashu