Girdhari Patel v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2666 of 2019 Girdhari Patel, S/o. Late Shri Harishankar Patel, Aged About 25 Years, Incharge Sarpanch, Kotmi, R/o. Village & Post Kotmi, Tahsil Dabhra, District Janjgir Champa Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Collector, Janjgir Champa, District Janjgir Champa Chhattisgarh.

2. Sub Divisional Officer (Revenue), Dabhra, Janjgir Champa Chhattisgarh.

3. The Chief Executive Officer, Janpad Panchayat, Dabhra, Tahsil Dabhra, District Janjgir Champa, Chhattisgarh.

4. Secretary, Village Panchayat Kotmi, Tahsil Dabhra, District Janjgir Champa Chhattisgarh.

---- Respondents For Petitioner :

Mr. Kamal Kishor Patel, Advocate For State :

Mr. Ashish Surana, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 02.08.2019 Heard 1.

It is contended that by the order dated 06.06.2019 one Awadh Ram Sidar was suspended in exercise of power under Section 39 of the Chhattisgarh Panchayat Raj Adhiniyam 1993 by Annexure P-1; thereafter, the procedure has not been followed pursuant to Section 39(3) of the Act, 1993. It is stated that the C.E.O. may be directed to conduct the proceeding as per the mandate of sub-Section 3 of Section 39 of the Act, 1993. 2.

Perusal of Annexure P-1 would show while the suspension order was passed, copy was forwarded to the C.E.O. of the concerned Panchayat to comply with the provisions of sub-Section 3 of Section 39 of the Act, 1993. In view of such fact, the C.E.O. Janpad Panchayat is directed to act in accordance with Section 39(3) of the Act, 1993 forthwith. 3.

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