1

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPC No. 2863 of 2021

 Manishankar Sarthi S/o Shri Gendlal Sarthi Aged About 31 Years Sarpanch,

Gram Panchayat Deori, Khurd, Janpad Panchayat Takhatpur, R/o Village Deori

Khurd, Post Kathakoni, Police Station And Tehsil Takhatpur, Civil And Revenue

District Bilaspur Chhattisgarh

---- Petitioner

Versus

1. State Of Chhattisgarh Through Collector, Bilaspur, Civil And Revenue District

Bilaspur Chhattisgarh

2. Competent Authority / Sub Divisional Officer (Revenue) Takhatpur, Civil And

Revenue District Bilaspur Chhattisgarh

3. In -Charge Tehsildar (Presiding Officer) Tehsil Takhatpur Civil And Revenue

District Bilaspur Chhattisgarh

4. Chief Executive Officer Janpad Panchayat Takhatpur, Civil And Revenue

District Bilaspur Chhattisgarh

5. Smt. Munni Bai Raj W/o Shri Shital Singh Raj Aged About 45 Years Panch

Ward No. 1 Gram Panchayat Deori Khurd

6. Smt. Pooja Kaushik S/o Shri Sarju Kaushik Aged About 30 Years Panch Ward

No. 2 Gram Panchayat Deori Khurd

7. Smt. Ramkumari Kaushik W/o Shri Shyamavtar Kaushik Aged About 47 Years

Panch Ward No. 3 Up Sarpanch Gram Panchayat Deori Khurd

8. Rajendra Yadav S/o Shri Pardesi Yadav Aged About 32 Years Panch Ward No.

4 Gram Panchayat Deori Khurd

9. Smt. Nirmala Manikpuri W/o Shri Karandas Manikpuri Aged About 30 Years

Panch Ward No. 5 Gram Panchayat Deori Khurd

10.Vishnu Kaushik S/o Shri Ramesh Kaushik Aged About 31 Years Panch Ward

No. 6 Gram Panchayat Deori Khurd

11. Smt. Nandini Yadav W/o Shri Laxman Yadav Aged About 30 Years Panch Ward

No. 7 Gram Panchayat Deori Khurd

12.Smt. Savitri Sharma W/o Shri Ravindra Sharma Aged About 35 Years Panch

Ward No. 8 Gram Panchayat Deori Khurd

13.Jaishankar Choubey S/o Shri Ramashankar Choubey Aged About 35 Years

2

Panch Ward No. 9 Gram Panchayat Deori Khurd

14.Chhaura Yadav S/o Shri Laxman Yadav Aged About 40 Years Panch Ward No.

10 Gram Panchayat Deori Khurd

Respondents No.5 to 14 are R/o Village Deori Khurd, Police Station And Tehsil

Takhatpur, Civil And Revenue District Bilaspur Chhattisgarh

---- Respondents

For Petitioner

:

Shri Ramesh Kumar Nayak, Advocate

For Respondents/State

:

Shri Ashish Tiwari, GA

Hon'ble Shri Justice Goutam Bhaduri

Order

16/07/20

21

1. Heard.

2. The challenge in this present petition is to the notice and the order

dated 06.07.2021 which is carried out under the 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 (hereinafter

referred to as 'Rules, 1994').

3. Learned counsel for the petitioner would submit that no confidence

motion was moved on 06.07.2021 and the SDO has not put on the

date on which hour and at which time the notice was given to him

and has not acknowledged which is mandatory under sub-rule (2)

Rule 3 of the Rules, 1994. It is further submitted that sub-rule (3)

Rule 3 of the Rules, 1994 prescribes that on receiving the notice

3

under sub-rule (1) the prescribed authority shall satisfy himself about

the admissibility of the notice. However, in this case admissibility of

the notice was delegated to the CEO and same was done by two

auditors, therefore, further as per Rule 4 of the Rules, 1994, the

appointment of the presiding officer is to be done by the State

Government to consider the no confidence motion, however, in this

case the same has not been carried out.

4. Perused Rule 3 of Rules, 1994. Perusal of Annexure P-1 would

show that Annexure P-1 is the first notice which was given to the

SDO i.e. the competent authority, it was on 06.07.2021 and on

06.07.2021 the same was received and order-sheet was opened and

was sent by the SDO thereby he has acknowledged the same.

Simply because the time has not been shown in such notice, it

cannot be prima facie said that there is non-compliance of sub-rule

(2) Rule 3 of the Rules, 1994. Further more, sub-rule (3) Rule 3 of

the Rules, 1994 prescribes that on re