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2019 Supreme(Chh) 1090

P.R.RAMACHANDRA MENON, SANJAY K.AGRAWAL, PARTH PRATEEM SAHU
Hemlata Sahu W/o Shri Doman Sahu – Appellant
Versus
State of Chhattisgarh, Through Secretary, Panchayat and Rural Administrative Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Shri Surfaraj Khan, Advocate.
For the Respondent:Shri Satish Chandra Verma, Advocate General with Shri Vikram Sharma, Deputy Government Advocate.

JUDGMENT :

P.R. Ramachandra Menon, J.

1. “Whether the decision passed under sub-section (4) of Section 21 of the Act (Chhattisgarh Panchayat Raj Adhiniyam, 1993) would be revisable as per the Chhattisgarh Panchayat (Appeal and Revision) Rules, 1995 (for short 'the Rules, 1995'), though sub section (4) of Section 21 was inserted in the year 1997 which gives the finality to such order” – is the question referred for consideration and it stands listed accordingly before the Full Bench, based on the orders passed on the administrative side.

2. The Petitioner, who was 'Sarpanch' of the Gram Panchayat, Birajpali, Tahsil Bagbahra, District Mahasamund and failed in the no-confidence motion held on 18.02.2019 pursuant to a notice dated 11.02.2019 issued by the Prescribed Authority i.e. the 3rd Respondent, sought to challenge the validity of the motion by filing a representation in terms of sub-section (4) of Section 21 of the Act, 1993 before the 2nd Respondent. After considering the contentions raised, the said representation was rejected as per Annexure P/1 order dated 30.05.2019, whic

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