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2023 Supreme(Chh) 215

P. SAM KOSHY
Kamta Prasad Fekar S/o Fudram Fekar – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Nishikant Sinha, Advocate.
For the Respondent:Shri Aman Kesharwani, Shri Gautam Khetrapal, Shri Naveen Nirala, Shri Vaibhav A Gowardhan, Shri Shobhit Kosta, Shri Ravi Maheshwari, Advocate.

JUDGMENT :

1. Aggrieved by the order Annexure P/1 dated 21.06.2022 passed by the respondent No.1-the State Government, the present writ petition has been filed. Vide the impugned order, the respondent No.1 while hearing the revision petition has partly allowed the revision petition.

2. Brief facts which led to the filing of the present writ petition is that, the respondent No.7 was an elected Sarpanch of Gram Panchayat Hirmi. The respondents No.8 to 26 were other elected Panchas of the same Gram Panchayat all of whom were elected from Panchayat Election held on 04.02.2020.

3. On 26.02.2021, some of the Panchas of the Gram Panchayat Hirmi moved a representation before the respondent No.4 calling for No Confidence Motion to be convened against the respondent No.7-Sarpanch. The respondent No.4 took cognizance on the said representation of the Panchas and proceeded in accordance with provisions of Section 21(3) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (in short, the Adhiniyam) and the Rules framed thereunder i.e. The Chhattisgarh Panchayat (Gram Panchayat Ke Sarpanch Tatha Up Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice President Ke Virudh Avishwas Pras

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