SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Chh) 63

P.SAM KOSHY
Mohanlal Patel S/o Shri Ahibaran Prasad Patel – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ramesh Kumar Nayak, Advocate
For the Respondent:Mr. Rahul Jha, Mr. Hariom Rai, Advocate.

JUDGMENT :

1. The challenge in the present writ petition is to the notice of No-confidence issued by the respondent No.2 for holding the No-confidence Motion on 04.02.2022.

2. Learned counsel for the petitioner assails the proceedings holding it to be violative of Rule 3 of the Chhattisgarh Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-sarpanch, Janpad Panchayat Tatha Zila Panchayat ke President and Vice-President Ke Virudh Avishwas Prastav) Niyam, 1994. According to the petitioner, the proceedings initiated by the respondent No.3 does not reflect acknowledgement of the receipt of the complaint from the Panchas, nor is there any particular date provided so far as receipt of the complaint by the respondent No.2 is concerned, which is required as per Sub-Rule (2) of Rule 3 of the aforesaid Rules of 1994.

3. The further contention of the petitioner is that the further requirement under Sub-Rule (3) of Rule 3 of convening a meeting within 15 days from the date of receipt of the notice by the respondent No.2 also has not been followed in this case and a meeting now has been proposed to be convened much beyond the 15 days period provided under Sub-Rule (3) of Rule 3.

4. Perusal of the plead

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top