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2014 Supreme(Chh) 15
HIGH COURT OF CHHATTISGARH, BILASPUR
Pritinker Diwaker, J.
THAKUR RAM TANDON - Petitioner
Vs.
STATE OF C.G. & OTHERS - Respondents
W.P. (C) No. 1776 of 2013
Decided on : 20-1-2014
Shri Prateek Sharma, Advocate, for the Petitioner.
Shri Arun Sao, Dy. A.G. and Shri N. Naha Roy, P.L. for the State/respondents No.1, 3 & 4.
Shri Pankaj Shrivastava, Advocate, for the Respondents No.5 & 6.
Headnote:
Chhattisgarh Municipalities Act, 1961 - Section 47,47(1),47(2) and 47(3) - Petitioner is an elected President of Nagar Panchayat, District - He was elected to said post and his five years tenure would be over - There are as many as 15 Councilors in Nagar Panchayat out of which 14 Councilors moved an application (Annexure R-l) to Collector for recalling petitioner under Section 47 of Chhattisgarh Municipalities Act, 1961 - Though in said application instead of using words "recalling the President", it was styled as for moving proposal for "No Confidence Motion", it is not disputed that said application was in fact filed under Section 47 of Act of 1961 – Held, Considering facts and circumstances of case and illegality apparent on face of record, this Court is of considered opinion that present petition deserves to be allowed and action initiated against petitioner on basis of proposal and recommendation made by Collector is liable to be set aside - Accordingly, with observations made hereinabove, petition is allowed and action initiated against petitioner on the basis of proposal and recommendation made by Collector is set aside - It is held that State Government and Chairman of State Election Commission would not proceed further with reconm1endations made by Collector under Section 47(2) of the Act of 1961- Petition Allowed.
1. The petitioner is an elected President of Nagar Panchayat, Bhatgaon, District Baloda Bazar, Bhatapara. He was elected to the said post on 27.12.2009 and his five years tenure would be over on 26.12.2014. There are as many as 15 Councilors in the Bhatgaon Nagar Panchayat out of which 14 Councilors moved an application dated 14.01.2013 (Annexure R-l) to the Collector for recalling the petitioner under Section 47 of the Chhattisgarh Municipalities Act, 1961 (for short "the Act of 1961"). Though in the said application instead of using the words "recalling the President", it was styled as for moving the proposal for "No Confidence Motion", it is not disputed that the said application was in fact filed under Section 47 of the Act of 1961.
2. Upon receiving the said application, on 16.01.2013 vide Annexure R-3 the Collector forwarded it to the Chief Municipal Officer (for short "the CMO") Nagar Panchayat, Bhatgaon. While forwarding the said application vide letter dated 16.01.2013 the Collector had asked the CMO to verify its authenticity and also the legal provisions as mentioned in Section 47 (1) of the Act of 1961.
3. After receiving the said letter of the Collector, the CMO issued letters to all those 14 Councilors who had signed the application (Annexure R-l) and also directed them to appear before him on 23.01.2013 at 3.00 P.M. in the office.
4. It is said that all the Councilors verified their signatures on the application (Annexure R-l) and vide letter dated 24.01.2013 (Annexure R-5) the CMO replied to the Collector that the application (Annexure R-l) has been moved by the Councilors as per Section 47 of the Act of 1961.
5. On receiving the report, a note-sheet was prepared by the Additional Collector on 04.02.2013 mentioning in it that No Confidence Motion has been proposed against the petitioner by 14 Councilors; the provisions of Section 47 of the Act of 1961 have been complied with and the CMO has verified the signatures of 14 Councilors in the application (Annexure R-l). From paragraph No. 1 of the note-sheet it is apparent that the same was produced by the Additional Collector before the Collector for approval and signature. In the last paragraph of this note-sheet it has been mentioned by the Additional Collector that it is apposite to send the proposal to the State Government. This note-sheet was signed by the Collector on 05.02.2013 without mentioning anything else thereon.
6. After receiving the above note-sheet of the Additional Collector which was duly signed by the Collector, the Collector forwarded the same to the Secretary, State of Chhattisgarh vide letter dated 20.02.2013. In this letter also it has been mentioned by the Collector that the same was being forwarded to the Secretary for approval and signature. The Collector has also proposed action against the petitioner under Section 47 (2) of the Act of 1961.
7. After receiving the above letter of the Collector, on 04.09.2013 (Annexure R-8) the Deputy Secretary wrote a letter to the Secretary, State Election Commission requesting for an action against the petitioner under Section 47(3) of the Act of 1961.
8. Vide order dated 10.10.2013 (Annexure R-9), programme for preparation of voter list has been issued and as per the said programme the final voter list was to be issued on 23.12.2013. After issuance of the voter list the election for recalling the petitioner was fixed for 23.01.2014.
9. In the present petition the petitioner has assailed the order dated 20.02.2013 (Annexure P-1) i.e. the recommendation of the Collector to the State Government under Section 47 (2) of the Act of 1961, the letter dated 04.09.2013 (Annexure P-2) written by the Deputy Secretary State of Chhattisgarh to Secretary State Election Commission proposing an action against the petitioner under Section 47(3) of the Act of 1961 and order dated 10.10.2013 (Annexure P-3) i.e. the programme for preparation of voter list. Though in the present petition several grounds have been raised by th
