Smt. Kalindi Nishad v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1350 of 2019 Smt. Kalindi Nishad, W/o. Bheekham Nishad, Aged About 43 Years, R/o. Village Panchayat Kudmuda, Tahsil- Patan, District Durg, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Department Of Panchayat, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur, Chhattisgarh.

2. The Collector, Durg, Chhattisgarh.

3. The Sub Divisional Officer (Revenue) Patan, District Durg Chhattisgarh.

4. Radhe Shyam Joshi, Deputy Sarpanch, Village Panchayat- Kudmuda, Tahsil- Patan, District Durg Chhattisgarh.

5. Dev Lal Nishad, The Then Secretary, Village Panchayat Kudmuda, TahsilPatan, District Durg, Chhattisgarh. ---- Respondents For Petitioner :

Dr. Shiv Kumar Shrivastava, Advocate For State Respondents :

Mr. Anmol Sharma, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 09.04.2019 1.

The present petition is against the removal of the petitioner from the post of Sarpanch by the S.D.O. by order dated 04.02.2019 under the Panchayat Raj Adhiniyam, 1993.

2.

It is stated that without any notice to the petitioner, the petitioner was removed, as such, the rules of natural justice were not followed. 3.

Perusal of the petition would show that the appeal has already been preferred by the petitioner against the order of the S.D.O. before the Collector as per the Chhattisgarh Panchayats (Appeal & Revision) Rules, 1995. The appeal having been preferred, the petitioner shall be at liberty to raise all the grounds before the Collector. Since it is contended that only

short tenure of the petitioner is remaining, it is directed that the Collector shall be obliged to decide the appeal of the petitioner within a period of 60 days from the date of presentation of a copy of this order. 4.

With such observation, the petition stands disposed off. Sd/- Goutam Bhaduri Judge ashok