Ramji Banarjee v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1562 of 2016 • Ramji Banarjee S/o Shri Chaklu Banarjee, Aged About 40 Years R/o Village Damapur Bazar, Tahsil Pandariya, Distt. Kabirdham, Civil And Revenue Distt. Kabirdham, (Chhattisgarh) ---- Petitioner

Versus

1. State of Chhattisgarh Through Collector, Kabirdham, Distt. Kabirdham, (Chhattisgarh)

2. Additional Collector, Kabirdham, Distt. Kabirdham, (Chhattisgarh)

3. Sub Divisional Officer, Pandariya, Distt. Kabirdham, (Chhattisgarh)

4. Chief Executive Officer, Janpad Panchayat, Pandariya, Distt. Kabirdham, (Chhattisgarh)

5. Smt. Mamta Chauhan, W/o Shri Madan Chauhan, Ex Sarpanch, Gram Panchayat Damapur, Tah Pandariya, Distt. Kabirdham, (Chhattisgarh) ---- Respondents For Petitioner :

Shri Santosh Bharat, Advocate For Respondents-State :

Shri Shashank Thakur, GA for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 04/07/2016

1. By order dated 2-11-15, passed by the Sub-Divisional Officer (R), Pandariya (for short 'the SDO'), respondent No.5 Smt. Mamta Chauhan has been removed from the office of Sarpanch and has been disqualified from contesting any election under the Panchayat Raj Adhiniyam for a perid of 6 years.

2. By the impugned order passed by the Additional Collector, Kabirdham, the

above stated order of SDO has been stayed. Thus, the writ petition is preferred against an interim order.

3. Ordinarily, when an appeal is pending, the interim order passed therein is not interfered, therefore, instead of keeping this writ petition pending, the same is disposed of with a direction to the appellate authority i.e. the Additional Collector, Kabirdham to hear the parties and dispose of the appeal within a period of eight weeks from the date of presentation of certified copy of this order.

Sd/- Judge Prashant Kumar Mishra Ashu