Amarvati v. State of Chhattisgarh and Others - 2015 Supreme(Online)(Chh) 126

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Online)(Chh) 126

CHATTISGARH HIGH COURT
Sanjay K. Agarwal, J
Amarvati v. State of Chhattisgarh and Others

Table of Content
1. petitioner challenged her ousting due to procedural violations. (Para 1 , 2 , 3)
2. arguments presented regarding notice and voting procedures. (Para 4 , 5)
3. court's analysis emphasized adherence to mandatory voting methods. (Para 6 , 7 , 8 , 10 , 12 , 15)
4. legal standards require strict compliance with voting by secret ballot. (Para 11 , 13 , 14)
5. final ruling quashed the ousting order and allowed the petition. (Para 16 , 17)

1. The petitioner is aggrieved by the order (Annexure - P / 1) passed by the Collector, Balrampur - Ramanujganj dismissing her reference under S.21(4) of the Panchayat Raj Adhiniyam, 1993 (henceforth 'the Adhiniyam' ), which in turn was preferred challenging the resolution of the Gram Panchayat dated 12.3.2014 wherein the motion of no confidence was carried against the petitioner and she has been ousted from the office of Sarpanch of Gram Panchayat, Mahewa.

2. The concerned Gram Panchayat consists of 13 office bearers including the Sarpanch. 10 Panchas moved an application before the prescribed authority on 24.2.2014 intending to bring a motion of no confidence against the petitioner. The prescribed authority issued a notice dated 28.2.20