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2023 Supreme(Chh) 674

PARTH PRATEEM SAHU
Sushila Nishad, W/o. Shri Khuleshwar Nishad – Appellant
Versus
State of Chhattisgarh Through Secretary, Panchayat and Rural Development Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sunil Sahu.
For the Respondents:Ms. Sunita Jain, Govt. Advocate, Mr. Ashish Tiwari.

ORDER :

1. Challenge in this writ petition is to the order dated 25.9.2023 whereby the Sub Divisional Officer (R) -cum- Prescribed Authority has passed the order of removal of the petitioer from the post of Sarpanch under the provisions of Section 40 (1) of the Chhattisgarh Panchayat Raj Adhiiyam, 1993 (for short 'the Adhiniyam, 1993')

2. Learned counsel for the petitioner submits that the petitioner is an elected sarpanch of village Panchayat Malda, Janpad Panchayat Kasdol, District Balodabazar Bhatapara. Petitioner was surprised to know that respondent No.3 has passed an order of her removal from the post of Sarpanch without issuing any show-cause notice or giving opportunity of hearing to her. He contended that under Section 40 of the Adhiniyam, 1993 the office bearer can be removed only after enquiry to be conducted by the Prescribed Authority and before passing order of removal, the office bearer has to be given an opportunity to show cause as to why he or she be not removed. No such proceeding is drawn before passing the order impugned. He contended that from the documents placed on record it is apparent that based on newspaper report relating to death of 3 to 4 cattle kept in

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