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2018 Supreme(Online)(Chh) 758

IN THE HIGH COURT OF CHHATTISGARH
Mr. , J
Kamti Bai Manglu Ram v. State of Chhattisgarh and Others


Advocates:
For the Appellant/Petitioner: Mr. C.K. Kesharwani
For the Respondents: Mr. Prasun Kumar Bhaduri

1. The petitioner was elected as Sarpanch of Gram Panchayat Khapridarbar. A complaint was made that on the basis of forged muster roll, the petitioner as Sarpanch has withdrawn certain amount. That complaint was got enquired into by the Sub-Divisional Officer (Revenue), Khairagarh through the Tahsildar, Chhuikhadan and report was asked for which was submitted by the Tahsildar on 16-6-2016 and based upon the said report, a regular revenue case was registered by the Sub-Divisional Officer (Revenue) under S.40(1) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short, 'the Act of 1993'). Thereafter, a show - cause notice was issued to the petitioner which was replied and after reply is filed, the case was heard and order for removal of the petitioner from the post of Sarpanch was passed on 15-12-2016 holding that she has committed misconduct in performance of her duty as she has withdrawn amount giving forged names and attendance of 72 persons and thereby she has committed financial irregularity and as such, her continuance on the said post is undesirable in the interest of public under S.40(1)(b) of the Act of 1993.

2. The petitioner assailed the order of removal before the Co

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