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CHHATTISGARH HIGH COURT
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Santosh Nishad v. State of Chhattisgarh
| Table of Content |
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| 1. appellant contests removal from sarpanch post. (Para 1 , 2 , 3) |
| 2. arguments on procedural fairness and opportunity for defense. (Para 4 , 5 , 6 , 7) |
| 3. judicial analysis of procedural compliance and natural justice. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. court's decision to set aside prior findings. (Para 16) |
| 5. directives for re-evaluation under lawful procedures. (Para 17) |
1. Appellant in this appeal has challenged the legality and sustainability of the order dated 07.01.2022, passed in W.P.(C) No. 4162 of 2021, whereby the learned Single Judge dismissed the writ petition, challenging the order of Appellate Authority dismissing the appeal against order of removal of the appellant from the post of Sarpanch under Section 40 of the Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as the 'Adhiniyam, 1993').
2. Facts relevant for disposal of the appeal are that the appellant/petitioner was elected as Sarpanch of Gram Panchayat Sirsakhurd. Election certificate under Form- 25 was issued to him by the Returning Officer on 30.01.2020. Some villagers submitted a complaint before the District Collector, making 9 allegations therein. Copy of the complaint was als
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