2024:CGHC:32909 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1794 of 2012 Order reserved on 06/05/2024 Order passed on 28/08/2024 Banshi Parhe S/o P.R. Parhe Aged About 40 Years Ward No. 9, Janakpur Road Thakhatpur, District Bilaspur, Chhattisgarh (Name Has Been Wrongly Mentioned In The Impugned Order)

... Petitioner versus

1 - State of Chhattisgarh, Through Secretary, Department of Urban Administration and Development, Mantralaya DKS Bhawan Raipur, Chhattisgarh

2 - Under Secretary, Department of Urban Administration and Development, Mantralaya DKS Bhawan, Raipur Chhattisgarh

3 – Director Directorate of Urban Administration and Development Mantralaya, Raipur Chhattisgarh

4 - Chief Municipal Officer, Nagar Panchayat Takhatpur, District Bilaspur Chhattisgarh ... Respondents (Cause title taken from Case Information System)

For Petitioner : Mr. Prafull N. Bharat, Senior Advocate with Mr. Vinay Pandey, Advocate For Resp. No. 1 to 3/ State : Mr. Satish Gupta, Govt. Advocate For Respondent No.4 : Mr. Prateek Sharma, Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal C.A.V. Order

1.

The present petition has been filed against the impugned order No. F-4-10/18/2010, dated Nil/09.2012 (Annexure P/1), whereby the petitioner was disqualified for further election for 05 years from the date of issuance of the impugned order and seized the petitioner's right to hold the post of Vice-President of Nagar Panchayat Takhatpur.

2.

The brief facts of the case are that the petitioner was elected as Councillor of Nagar Panchayat Takhatpur in the year 2009 and thereafter he was elected as Vice-President. On 02.05.2011, show cause notice was issued to the petitioner seeking his explanation with respect to the financial irregularities in the Nagar Panchayat during his tenure as Vice-President. Two charges have been leveled in the said show cause notice dated 02.05.2011, i.e.

(i) a proceeding for an auction was held on 10.07.2009 for 22 shops situated at New Bus Stand at Takhatpur, but on the given date the proceeding was carried for only 3 shops. The proceeding for rest of the shops were carried on 04.08.2009, but no advertisement was floated in newspaper, which is violative of provisions of Rule 4 of the Chhattisgarh Municipalities (Transfer of Immovable Property) Rules 1996, and thereby an attempt has been made by the petitioner to cause monetary loss in between Rs. 1 -

1.5 lakhs per shops to the Nagar Panchayat, and (ii) the petitioner had issued a cheque of Rs. 4,64,750/- in favour of Abhishek Trading Company by his own signature, although the President of Nagar Panchayat Takhatpur was present in the town.

3.

The petitioner has filed his reply on 08.06.2011, denied the charges levelled against him and submitted that on 09.06.2009, it was resolved in the general body meeting that highest bid for 22 shops would be accepted and the petitioner was authorized. On 10.07.2009, the person interested in the shops No. 22, 20 and 18 and higher amount were quoted by the bidders, which attains finality, but no persons came forward to bid for rest of the shops. Therefore, re-auction was scheduled for 04.08.2009. The Chief Municipal Officer was commanded by the petitioner to re-advertise the process of auction of the remaining shops. Then the advertisement was published in two leading newspapers i.e. Navbharat and Hari Bhoomi, so that the maximum number of candidates may participate in the proceeding. In relation to charge No. 2, the petitioner has denied the same and submitted that the matter is sub judice before the Judicial Magistrate First Class, Takhatpur and therefore it would be appropriate to wait for the decision of the Court.

4.

The respondent authorities without conducting inquiry on the charges leveled against the petitioner and without giving the proper opportunity of hearing to the petitioner, issued the impugned order (Annexure P/1) by invoking the powers under Section 35A of the Chhattisgarh Municipalities Act, 1961 and without assigning any reason, holdin