Ashok Jagane v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 629 of 2018 • Ashok Jagane S/o Heera Ram Jagane Aged About 54 Years R/o Ward No. 13, Koundhera, Tahsil Rajim, District- Gariyaband, Chhattisgarh ---- Appellant

Versus

1. State of Chhattisgarh, the Secretary, Panchayat ond Rural Development Department, Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur, Chhattisgarh.

2. Additional Commissioner Raipur, Division, Raipur, Chhattisgarh.

3. Collector Gariyaband, District- Gariyaband, Chhattisgarh.

4. Sub Divisional Officer (Revenue)-Cum-Prescribed Authority (Panchayat), Gariyaband, District- Gariyaband, Chhattisgarh.

5. Tahsildar Rajim, District- Gariyaband, Chhattisgarh.

6. Umesh Sahu Pesiding Officer, Tahsildar Rajim, District- Gariyaband, Chhattisgarh.

7. Tulas Ram S/o Bharat Sahu Panchs of Village Panchayat Koundkera, Tahsil Rajim, District- Gariyaband, Chhattisgarh.

8. Narendra Chelak S/o Dhiraji Chelak Panchs of Village Panchayat Koundkera, Tahsil Rajim, District- Gariyaband, Chhattisgarh., District : Gariyabandh, Chhattisgarh

9. Chetan Kurre S/o Thanu Ram Kurre Panchs of Village Panchayat Koundkera, Tahsil Rajim, District- Gariyaband, Chhattisgarh. 10.Mulau Ram S/o Preet Ram Panchs of Village Panchayat Koundkera, Tahsil Rajim, District- Gariyaband, Chhattisgarh 11.Karuna Sahu W/o Shankar Sahu Panchs of Village Panchayat Koundkera, Tahsil Rajim, District- Gariyaband, Chhattisgarh. ---- Respondents _____________________________________________________________________ For Appellant :

Shri Raghvendra Pradhan, Advocate For Respondents-State :

Shri A.S. Kachhawaha, Additional Advocate General Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Prashant Kumar Mishra, Judge Order on Board Per, Ajay Kumar Tripathi, Chief Justice 17.08.2018 1.

Heard counsel for the Appellant and counsel for the State. Perused the impugned order dated 12.07.2018.

2.

An argument for the sake of argument cannot form the basis for interference with the impugned order of the learned Single Judge. The finding with regard to the

No Confidence Motion, the allegations as well as the procedure laid down under the Chhattisgarh Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice-President Ke Virudh Avishwas Prastav) Niyam, 1994 were followed and has been duly taken note of by both the authorities including the learned Single Judge.

3.

If this be so, then keeping in mind the Full Bench decision of the M.P. High Court in case of Smt. Bhulin Dewangan v. State of M.P. and Others, 2001 (2) MPLJ 372, the writ application was dismissed without interference with the decision of the subordinate authorities. No interference is warranted in the appeal.

4.

In view of the above, the writ appeal is dismissed. Sd/- Sd/- (Ajay Kumar Tripathi) (Prashant Kumar Mishra) Chief Justice Judge Chandra