High Court Of ChhattisgarhWPC/2141/2021disposed off

Ganeshram Rawtane v. State Of Chhattisgarh

2021-04-13Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2141 of 2021 Ganeshram Rawtane S/o Jhaggar Rawtane, Aged About 44 Years Sarpanch, Gram Panchayat, Amakoni, Janpad Panchayat, Simga, District Balodabazar Bhatapara Chhattisgarh --- Petitioner

Versus

1. State of Chhattisgarh through The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur , District : Raipur, Chhattisgarh

2. The Collector, District Balodabazar Bhatapara Chhattisgarh,

3. The Sub Divisional Officer (Revenue) And Prescribed Authority (Panchayat), Simga, District Balodabazar Bhatapara Chhattisgarh,

4. The Tahsildar, Suhela, District Balodabazar Bhatapara Chhattisgarh,

5. The Chief Executive Officer, Janpad Panchayat, Simga, District Balodabazar Bhatapara Chhattisgarh,

6. Jagmohan, S/o Bhagwati, Panch, Gram Panchayat, Amakoni, Janpad Panchayat, Simga, District Balodabazar Bhatapara Chhattisgarh,

7. Smt. Devmati Pal W/o Nandlal Pal, Panch, Gram Panchayat, Amakoni, Janpad Panchayat, Simga, District Balodabazar Bhatapara Chhattisgarh,

8. Smt. Indrani Yadu W/o Dulechand, Panch, Gram Panchayat, Amakoni, Janpad Panchayat, Simga, District Balodabazar Bhatapara Chhattisgarh,

9. Smt. Kamla Dhruw W/o Sonu Dhruw, Gram Panchayat, Amakoni, Janpad Panchayat, Simga, District Balodabazar Bhatapara Chhattisgarh, 10.Smt. Santan Sahu W/o Purushottam Sahu, Panch, Gram Panchayat, Amakoni, Janpad Panchayat, Simga, District Balodabazar Bhatapara Chhattisgarh, 11.Ishwar Sahu, S/o Balaram Sahu, Panch, Gram Panchayat, Amakoni, Janpad Panchayat, Simga, District Balodabazar Bhatapara Chhattisgarh, 12.Smt. Heera Devi Yadu, W/o Hemant Yadu, Panch, Gram Panchayat, Amakoni, Janpad Panchayat, Simga, District Balodabazar Bhatapara Chhattisgarh, --- Respondents For the Petitioner : Mr. Goutam Khetrapal, Advocate For the State : Mr. Gagan Tiwari, Advocate Hon'ble Shri Justice Goutam Bhaduri

Order on Board .04.2021

1. Learned counsel for the petitioner would submit that because of the fact that 7 Panchayat members (Panchas) were not attending the meeting, the disqualification move was made against them u/s 36 of the Panchayat Raj Adhiniyam on 08.03.2021. Being aggrieved by such act, with all malafides, a no confidence motion was moved on 03.04.2021 by the Panchas. He would submit that the disqualification move was already made against respondents 6 to 12, therefore, they could not have moved the no confidence motion against the petitioner and the SDO may decide the said issue.

2. Considering such submission, it is observed that the petitioner may make suitable application before the concerned SDO ventilating his grievance which may be decided in accordance with law.

3. With the above observation, this writ petitions stands disposed of.

Sd/- GOUTAM BHADURI JUDGE R a o