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2024 Supreme(Chh) 197

RAKESH MOHAN PANDEY
Hemendra Goswami Son of Shri Sufal Das – Appellant
Versus
State of Chhattisgarh Through Its Secretary, Department Of Urban Administration And Development – Respondent


Advocate Appeared:
For the Petitioner:Mr. Amrito Das & Mr. Sanjay Pathak, Advocates
For the Respondent:Mr. Praveen Das & Mr. Shashank Thakur, Deputy Advocate General, Ms. Madhunisha Singh, Advocate

ORDER :

1. Since common questions of law and facts are involved in both cases, they are clubbed together, heard together and decided by this common order.

2. The petitioners are Presidents of Municipal Council, Mungeli, District - Mungeli and Nagar Panchayat Shivpur Charcha, District Korea.

3. The brief facts of WPC No. 2342 of 2024 are as under:-

    I. The petitioner was duly elected as a Councilor and later on, he was elected as President of Municipal Council Mungeli, District – Mungeli in the election held in the year 2020 amongst the Councilors. Surprisingly, respondent No. 1 vide order dated 14.03.2024 suspended the financial power of the petitioner and only the Chief Municipal Officer was authorized to sign the cheques. The petitioner in this petition has raised grounds regarding the authority of the State with respect to withdrawing the financial power. It is also pleaded that Sections 323 & 324 of the CG. Municipalities Act, 1961 (hereinafter referred to as ‘the Act, 1961’) and CG. Municipal Accounts Rules, 1971 (hereinafter referred to as the ‘Rules, 1971’) do not permit the State Government to withdraw the financial power of the President, and thus it is pleaded that the power h

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