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IN THE HIGH COURT OF CHHATTISGARH
Prashant Kumar Mishra, J
Baisakhu Bareth v. State of Chhattisgarh and Others
| Table of Content |
|---|
| 1. overview of the no confidence motion and its challenge. (Para 1 , 2 , 8) |
| 2. arguments presented by both parties on the validity of the no confidence motion. (Para 3 , 4) |
| 3. court's understanding of the statute and debate on limitations. (Para 5 , 6 , 12) |
| 4. ruling interpretation on exclusion of time for obtaining certified copies. (Para 21 , 24) |
1. Smt. Pooja Rathor respondent No. 4 herein was elected as Sarpanch of Gram Panchayat, Sioni on 01.02.2004. The petitioner and other Panchas moved a motion of no confidence against her to the Competent Authority. The said motion was tabled, discussed and carried out against her on 15.06.2016. The said respondent No.4 challenged the validity of motion carried out under sub-section (1) of S.21 of Chhattisgarh Panchayat Raj Avam Gram Swaraj Adhiniyam , 1993 (hereinafter called as 'Act of 1993' ) by raising dispute before the Collector on 29.06.2016 under S.21(4) of the Act of 1993.
2. The Collector by its order, dated 24.03.2017 allowed the dispute and set aside the motion of no confidence passed against respondent No. 4 finding that no confidence motion was not carried out in accordance with provisions contained in S.21(1) of
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