Smt. Ishwari Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 1187 of 2018 Smt. Ishwari Verma, W/o Anup Kumar Verma, aged about 50 years, Elected Panch of Ward No. 11, Gram Panchayat Dhabadih, Bhatapara, Tahsil Bhatapara, District Balodabazar, Bhatapara (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh, through the Secretary, Panchayat and Rural Development Department, Rural Development Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (C.G.)

2. Collector, District Balodabazar, Bhatapara (C.G.)

3. Sub-Divisional Officer / Prescribed Officer, Bhatapara, District Balodabazar, Bhatapara (C.G.)

4. Chief Executive Officer, Janpad Panchayat Bhatapara, District Balodabazar (C.G.)

5. Secretary, Gram Panchayat, Dhabadih, Bhatapara, Tahsil Bhatapara, District Balodabazar, Bhatapara (C.G.)

6. Devi Lal Sahu, Up-Sarpanch, Gram Panchayat Dhabadih, Bhatapara, Tahsil Bhatapara, District Balodabazar Bhatapara (C.G.) ----Respondents For Petitioners :

Mr. Roop Naik, Advocate.

For Respondents :

Mr. Ashish Surana, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 27/04/18 1.

Learned counsel appearing for the petitioner would submit that though Sarpanch of Gram Panchayat Dhabadih has been suspended under Section 39(1) of the Panchayat Raj Adhiniyam, 1993 (for brevity 'Adhiniyam, 1993') but the officiating Sarpanch has not been appointed in accordance with the provision of Section 39(3) of the Adhiniyam, 1993.

2.

Be that as it may, the competent authority is directed to consider and take decision and do the needful for appointing officiating Sarpanch in accordance with the provision of Section 39(3) of the Adhiniyam, 1993 expeditiously preferably within a period of four weeks from the date of receipt of certified copy of this order.

3.

With the aforesaid observations, the writ petition stands finally disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge Priyanka