NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 684 of 2022 Smt. Sharda Manikpuri W/o Shri Jitendra Kumar Manikpuri, Aged About 29 Years, Sarpanch Of Gram Panchayat Jora, R/o Village- Jora, Janpad Panchayat Bilaigarh, District- Balodabajar-Bhatapara Chhattisgarh ---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat Department, Mahanadi Bhawan, Capital Complex, Atal Nagar, New Raipur, Distrct- Raipur, Chhattisgarh

2. Sub Divisional Officer (Revenue) Cum- Presiding Officer Bilaigarh, District – Balodabajar-Bhatapara, Chhattisgarh

3. Chief Executive Officer, Janpad Panchayat Bilaigarh, District –

Balodabajar-Bhatapara, Chhattisgarh

4. Gram Panchayat Jora, Through Its Secretary, Gram Panchayat Jora Janpad Panchayat Bilaigarh, District - Balodabajar-Bhatapara Chhattisgarh

5. Nayab Tahsildar Bhatgaon / Presiding Officer, Tahsil- Bhatgaon, District – Balodabajar-Bhatapara, Chhattisgarh

6. Smt. Maya Bai W/o Shri Milan Soura, Aged About 42 Years, Up Sarpanch, Gram Panchayat - Jora, Janpad Panchayat Bilaigarh, District – Balodabajar-Bhatapara, Chhattisgarh ---- Respondents For Petitioner : Mr. Sunil Sahu, Advocate For State/R-1, 2 & 5 : Mr. Chandresh Shrivastava, Addl. A.G.

Mr. Prateek Sharma, Advocate, appearing on behalf of one of the Panchs to be impleaded as a necessary party.

Hon'ble Shri Justice P. Sam Koshy

Order On Board

07.02.2022

1. The matter revolves around the no confidence motion that was initiated against the petitioner who was the elected Sarpanch of Gram Panchayat Jora under Janpad Panchayat Bhilaigarh, district Balodabazar- Bhatapara. The notice for no confidence motion at the first instance was issued on 13.10.2021. On the said notice, a no confidence motion meeting was ordered to be convened on 26^th October, 2021. However, the no confidence motion meeting could not be held on 26.10.2021 and the matter stood adjourned on a couple of occasions. The order of convening the meeting of no confidence motion on 26.10.2021 was subjected to challenge by the petitioner in WPC No. 4516/2021. The writ petition came up for hearing on 11.11.2021. This Court while issuing notice to the respondents in the said writ petition had stayed the no confidence motion proceeding initiated against the petitioner and at the same time the Panchs were given the liberty to move a fresh notice of no confidence motion if they so want.

2. From perusal of records it appears that the Panchs of the village subsequently issued a fresh notice and a fresh proceeding was initiated. A fresh application was filed on 29.01.2022 upon which the respondent authorities took cognizance and ordered for issuance of notice and further ordered to hold no confidence motion meeting on 05.02.2022. According to the counsel for petitioner, there is no further date given by the respondent authorities for holding of the meeting.

3. The instant writ petition was filed on 03.02.2022 i.e. before the date of no confidence motion meeting that was ordered to be held on 05.02.2022. However, the matter has come up for hearing today. Today, when the matter is taken up for hearing, learned counsel for the parties submit that the no confidence motion meeting to be held on 05.02.2022 did not materialize as the Presiding Officer had gone on leave.

4. The contention of the counsel for petitioner is that the notice for holding the meeting on 05.02.2022 is bad in law as there is requirement of 7 clear days notice to be provided. In the instant case, the no confidence motion meeting was ordered to be held on the 7^th day itself. Thus, there was no clear 7 days time made available.

5. Today when the matter is taken up for hearing, learned State counsel submits that since the no confidence motion meeting to be held on 05.02.2022 did not materialize, a fresh date would have to be given. He further submits that in any case the next date to be given by the authorities concerned would be clearly more than 7 days time from the date the notice was issued by the respondent au