Advocates:
['RAMESH KUMAR NAYAK', '', 'DEVESH G KELA', 'A G', 'Amrita Sharma', 'RAKESH KUMAR MANIKPURIH V SHARMARavindra Sharma']

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Writ Petition (Civil) No.315 of 2022

•

Ku. Seema Shrikant D/o Shri Khemlal Shrikant Aged About 29 Years

Sarpanch, Gram Panchayat Pendri, Janpad Panchayat Nawagarh, R/o

Village- Pendri, Post Nawagarh, Police Station And Tehsil- Nawagarh,

Civil And Revenue District- Janjgir Champa (C.G.)

---- Petitioner

Versus

1. State Of Chhattisgarh Through- Collector, Janjgir, Civil And Revenue

District- Janjgir Champa (C.G.)

2. Competent Authority/Sub Divisional O昀케cer (Revenue) Janjgir, Civil &

Revenue District- Janjgir- Champa (C.G.)

3. Presiding O昀케cer/Tehsildar Tehsil- Nawagarh, Civil And Revenue

District- Janjgir Champa (C.G.)

4. Chief Executive O昀케cer, Janpad Panchayat Nawagarh, Civil And

Revenue District- Janjgir Champa (C.G.)

5. Devprasad Patel S/o Shri Hatharuram Patel, Panch Ward No.1, Gram

Panchayat Pendri

6. Mahadev Patel S/o Shri Sitaram Patel, Panch Ward No. 2, Gram

Panchayat Pendri

7. Smt. Urmila Patel W/o Shri Devprasad Patel, Panch Ward No. 3, Gram

Panchayat Pendri

8. Jairam Sahu S/o Shri Sahasram Sahu, Panch Ward No. 4, Gram

Panchayat Pendri

9. Lakhneshwar Das S/o Shri Gyandas, Panch Ward No. 5, Gram Panchayat

Pendri

10.Smt. Kevra Bai Gond W/o Shri Dujram Gond, Panch Ward No. 6, Gram

Panchayat Pendri

11. Smt. Narmada Kurre W/o Shri Deviprasad, Panch Ward No. 7, Gram

Panchayat Pendri

12.Saheblal Patel S/o Shri Narsingh Patel, Panch Ward No. 8, Gram

Panchayat Pendri

-2-

13.Smt. Satbhawan Patel W/o Shri Amritlal Patel, Panch Ward No. 9, Gram

Panchayat Pendri

14.Babulal Patel S/o Shri Jugutram Patel, Panch Ward No. 10, Gram

Panchayat Pendri

15.Smt. Sarita Yadav W/o Shri Chandram Yadav, Panch Ward No. 11, Gram

Panchayat Pendri

16.Smt. Hembai Sahu W/o Shri Dhanaram Sahu, Panch Ward No. 12, Gram

Panchayat Pendri

17.Smt. Gangabai Sahu W/o Shri Jammulal Sahu, Panch Ward No. 13, Gram

Panchayat Pendri

18.Smt. Shantabai Sahu W/o Shri Gopilal Sahu, Panch Ward No. 14, Gram

Panchayat Pendri

[respondents No.5 to 18 are R/o Village- Pendri, Post- Nawagarh,

Police Station & Tehsil- Nawagarh, Civil & Revenue District- Janjgir

Champa (C.G.)]

---- Respondents

For Petitioner

– Mr. K.M. Ansari, Sr. Advocate with Mr.

Ramesh Nair, Advocate.

For State

– Mr. Ashish Tiwari, Govt. Advocate.

S.B.- Hon'ble Shri Justice

Rajendra Chandra Singh Samant

Order on Board

07-03-2022

Heard

1. It is submitted by the learned Senior Advocate for the petitioner that

the petitioner is an elected Sarpanch of Gram Panchayat, Pendri,

Janpad Panchayat, Nawagarh, District- Janjgir- Champa, C.G. At the

instance of respondent No. 4 and 6, a proceeding for no con昀椀dence

motion against the petitioner was registered by the respondent No.2

and notice was issued to the concerned. It is submitted that the

notices issued are in clear violation of the Rule 3 and 4 of Chhattisgarh

Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janpad

Panchayat tatha Zila Panchayat ke President tatha Vice President ke

Viruddh Avishwas Prastav) Niyam, 1994 (in short “the Rules, 1994”). As

the time duration of the notice was not providing 07 clear days as per

the Rule 3 of the Rules, 1994. Further, there was no intimation or

publication of the appointment of Presiding O昀케cer as required under

Rule 4 of the Rules, 1994. Hence, on this basis, the petition has been

昀椀led challenging the proceeding and also challenging the notice issued

for the no con昀椀dence motion.

2. Learned State counsel representing respondents No.1, 2 and 3 and

opposes the submissions and submits that there is no error in the

proceeding initiated against the petitioner, therefore, the petition may

be disposed o昀昀 at the motion stage.

3. I have heard learned counsel for the parties and perused the

documents present on record.

4. Considered on the submissions. In the case of Muku Bai vs State Of

M.P. And Others reported in 1998 (2) MPLJ 661, it was held by