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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

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 'Act of 1961'). The petitioner filed his reply opposing the show - cause notice and stated that he has acted strictly in accordance with law and has not suffered any such disqualification.
2.2 The Additional Collector, Rajnandgaon by order dated 10.1.2017 (Annexure P / 4) directed his removal and also held him disqualified to become a Councillor of Municipal Council or N


















































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