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2022 Supreme(Chh) 565

DEEPAK KUMAR TIWARI
Satya Gupta W/o Rajendra Gupta – Appellant
Versus
State Of Chhattisgarh – Respondent


Advocate Appeared:
For the Appellant :Mr. Sumit Singh, Advocate
For the Respondents:Mr. Rahul Jha, Mr. Anish Tiwari and Mr. Atul Kesharwani, Advocates

ORDER :

1. By way of this petition, the petitioner has challenged the notice dated 17/5/2022 (Annexure P/1) issued by the Collector and Designated Officer, District Janjgir-Champa (CG) for convening a special meeting with regard to no confidence motion against the petitioner, who is the President of Nagar Panchayat, Rahod, in accordance with Section 43-A(2)(ii) of the CG Municipalities Act, 1961 (in short “the Act, 1961”).

2. Learned counsel for the petitioner submits that the impugned notice is arbitrary, illegal and contrary to law and the same has been issued by the Collector, Janjgir-Champa (CG) without application of mind and in a mechanical manner. Since certain Elected Councillors of the Nagar Panchayat, Rahod have submitted information about the no confidence motion against the petitioner, the impugned notice dated 17.5.2022 convening the meeting on 30.5.2022, was issued. The petitioner is an elected President of Nagar Panchayat, Rahod. Some other elected Councillors were having ill-will against the petitioner, therefore, they have moved such no confidence motion before respondent No.2 on fake charges and thereby, tried to kill the spirit of the Constitution of India in the p

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