2026:CGHC:6454-DB AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 109 of 2026 Smt. Soni Ajay Banjare W/o Shri Ajay Banjare, Aged About 34 Years R/o House No. 14, Ward No. 14 Ambedkar Nagar, Sarangarh, District Sarangarh Bilaigarh Chhattisgarh ... Appellant versus

1 - State Of Chhattisgarh Through The Secretary, Urban Administration And Development Department, Mahanadi Bhawan, Naya Raipur District-

Raipur Chhattisgarh

2 - Joint Secretary, Urban Administration And Development Department, Mahanadi Bhawan Naya Raipur District -Raipur Chhattisgarh

3 - Collector, Sarangarh Bilaigarh, District -Sarangarh Bilaigarh Chhattisgarh

4 - Sub Divisional Officer (Revenue) Sarangarh, District- Sarangarh Bilaigarh Chhattisgarh

5 - Municipal Council Sarangarh, Through The Chief Municipal Officer, Sarangarh, District- Sarangarh Bilaigarh Chhattisgarh ... Respondents (Cause title taken from Case Information System)

For Appellant : Mr. Rajeev Shrivastava, Senior Advocate along with Mr. Jitendra Pali, Advocate For Respondents/State : Mr. Praveen Das, Additional A.G.

Digitally signed by VED V P D R E E A D W K A A N S G H AN P D D 20 R E a 2 t A W e 6 K : . A 0 A N 2 S . G H 0 A 7 N For Respondent No.5 : Mr. R.S. Patel, Advocate +0530 Hon'ble Shr i Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, C.J.

05/02/2026

1. Heard Mr. Rajeev Shrivastava, Senior Advocate along with Mr.

Jitendra Pali, learned counsel appearing for the appellant as well as Mr. Praveen Das, learned Additional Advocate General appearing for the State and Mr. R.S. Patel, learned counsel appearing for the respondent No.5.

2. This writ appeal, filed under Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006, is directed against the judgment and order dated 19.12.2025 passed by the learned Single Judge of this Court in Writ Petition (C) No. 3629 of 2025, whereby the writ petition preferred by the present appellant assailing the order dated 02.07.2025 passed by the State Government under Section 41-A of the Chhattisgarh Municipalities Act, 1961, removing her from the post of President, Municipal Council, Sarangarh, and disqualifying her from holding the said office for the next term, came to be dismissed. The appellant, who was elected as President of the Municipal Council, Sarangarh, calls in question the legality, correctness, and propriety of the said judgment of the learned Single Judge as well as the underlying action of the State Government, primarily on the grounds that the impugned action is arbitrary, violative of the statutory scheme of the Act of 1961, and results in illegal curtailment of her democratic mandate.

3. The facts of the case as emerges from the pleadings of the appeal are that, the appellant was elected as a Councillor of the Municipal Council, Sarangarh, in the local body elections and was thereafter elected as the President of the Municipal Council, Sarangarh, with effect from 03.01.2022. During her tenure, the affairs of the Municipal Council were administered in accordance with the provisions of the Chhattisgarh Municipalities Act, 1961, and the Rules framed thereunder.

4. It is not in dispute that during the appellant’s tenure as President, certain parcels of municipal land situated at different locations within the limits of Municipal Council, Sarangarh, were allotted on lease to private individuals for construction or extension of shops. These allotments pertained to small parcels of land adjoining existing shops and were approved through resolutions of the President-in-Council (PIC) and subsequently placed before the General Body of the Municipal Council.

5. The record further reveals that in respect of the said allotments, possession of the municipal land was handed over to the beneficiaries prior to obtaining approval of the State Government, and before completion of the statutory process prescribed under the Chhattisgarh Municipalities (Transfer of Immovable Property) Rules, 1996