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2018 Supreme(Online)(Chh) 725

CHHATTISGARH HIGH COURT
Sanjay K. Agarwal, J
Manrakhan Dewangan v. State of Chhattisgarh and Others


Advocates:
For the Appellant: C.K. Kesharwani
For the Respondents: Shashank Thakur

Table of Content
1. introduction of the petition and background. (Para 1 , 2)
2. arguments from both sides regarding the disqualification. (Para 3 , 4)
3. court observations on statutory provisions. (Para 6 , 7 , 8)
4. exploration of natural justice and compliance requirements. (Para 12 , 13)
5. final verdict and implications of the court's decision. (Para 18 , 19 , 20 , 21)

1. This writ petition is directed against the order dated 25.7.2017 (Annexure P / 1) passed by the State Government affirming the order dated 10.1.2017 (Annexure P / 4) by which the petitioner was removed from the post of Councillor and further disqualified him from participating in the election on the post of Councillor.

2. Brief facts necessary for disposal of this writ petition are as under:
2.1 The petitioner was served with a notice that being an elected Councillor of Nagar Panchayat, Khairagarh, he appeared as an Advocate (Counsel) in Appeal Case No.6206B / 121/2014-15 (Smt. Jyoti Bhondekar Vs. Ku. Bhishm Kumari Bhondekar and others) before the Sub Divisional Officer (Revenue), Khairagarh, thereby he has suffered disqualification under S.41(2) of the Chhattisgarh Municipalities Act, 1961 (hereinafter called as



















































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