HON'BLE SHRI DHIRENDRA MISHRA. WRIT PETITION (Cj N0. 3665/200% Raghunath Banjare RESPONDENTS 1. State of Chhattisgarfi and others -^ P08T ON \^ JULY. 2008 Sd/- Dhirendra Mishra Judge -nn-i-'l HIOH COURT OF CHHATTISGARH AT BILASPUR S.B. HON'BLE SHRI DHIRENDRA MISm?A, J. WRIT PETITION !C5 N0. 3665/200% WRIT PETITION UNDER ARTICLE 226/227 OF THE PBTITIONER CONSTITUTION OF INDIA Ragliunath Banjare S/o Ajit Raiii Baiijare aged about 55 ;vears, presently Sarpanch Grani Panchavat Odkakan in the Block & TehsU BUaigai'h Dfett. Raipm- (CG) 1. State of Chliattisgarh, tlTrough Secretan", Panchayat & Rural Developnient Department DKS Bhawan, Mantralay Raipur (CG) 2. Specified Officer/SDO (Revenue), Bilaigarh, Distt. Raipur (CG) 3. HK Jaiswal, Naib Tehsildar Bhatgaon appointed as Presiding Officer for the scheduled meetine to be held on 14.7.2008 at Baaigai-h Distt. Raipm-. 4. Budeswar S/o Trilochan aged about 38 years Up Sarpanch Graai Panchayat Odkakan in the Block & Tehsil Bilaigarh Distt. Raipm' (CG) 5. Smt. Duj Bai W/o Kholbahara aged 38 years presently Panch Ward No. 1 Orain Panchayat Odkakan m the Blok & Tehsil Bilaigarh Distt. Raipm' (CG) 6. 7. Narendra Kiunar S/o Ftrat Ram. aged about 25 years, Panch Warcl No.2 Grani Panchayat Odkakan in the Block & Tehsil Bilaigai'h, Distt. Raipm' (CG) Saine Bai W/o Jairam aged about 43 years, Panch Ward No.3 Gram. Panchayat Odkakan in the Block & Tehsil Bilaigarh, Distt. Raipur (C.G) Mohit Ram S/o Jhadu Raiii aged about 50 years, Panch Ward No.4 Gram Panchayat Odkakan in fhe Block & Tehsil BUaigai-h, Distt. Raipur (CG) ^^"% S' ^se ' [ ^ieSSk. 1 \. •</ 9. Sahas Rain S/o Baiga Ram aged about 38 vears Paach Weird No.o Grain Panchayat Odkakaa in the Block & Tehsil BUaigai'h, Distt. Raipur (CG) 10. Tula Ram S/o Sugu Lal aged abut 45 years Panch Ward No.6 Gram Pancha\rat Odkakan in the Block & Tehsil BUaigarh, Distt. Raipur (CG) 11. Jeevan Lal S./o Paras Ram. aged about 34 vears Panch Ward'No.7 Gram. Panchavat Odkakan in the Block & Tehsil Bilaigaiii, Distt. RalpLir (CG) 12. Ghanshyam Banjare S/o Tirip Ram aged about 37 years Panch Ward No.9 Grain Paachayat Odkakan ui the Block & Tehsil Bilaigarh, Di.stt. Raipur (CG) 13. Smt Shyam Bai V7/o Mangal Chand aged about 47 years, Panch Ward No.ll Grain Panchayat Odkakan in tfae Block & Tehsil Bilaigai'h, Distt. Raipur (CG) 14. Dhaavantin W/o Lakhan Lal aged about 31 vears Panch Weu-d No. 12 Qraiu Panchayat Odkakan in fhe Block & Tehsil BUaigarh, Distt Raipur (CG) 15. Bharat Ram. S/o Samaru aged about 39 years Panch Ward No.13 Gram Panchayat Odkakan in the Block & TehsU BUaigai-h, Distt. Raipm' (CG) 16. Ashok Kum.ar S/o Mangal Chand aged about 39 vears Panch Ward No. 14 Graai Panchayat Odkakan ui the Block & Tehsil Bilaigarh, Distt. Raipi-ir (CO) 17. Nandu Rani S/o Mehattai' aged about 33 vears Panch Ward No. 15 C^rain Panchayat Odkakan m the Block & TehsU BUaigarh, Distt. Raipur (CG) 18. Sm.t. Sushila Bai W/o Moolchand aged about 49 vears Panch Ward No. 16 Gram. Panchayat Odkakan in the Block & TehsU BUaigarh, Distt. Raipui- (CG) Present: Mr. SN Naade, counsel for fhe petitioner. Mr. Alok BaksM, GA for fl-ie State. !ia!!;r ^<t--v»fi., if^ [isi^ ^s %.^i.. i' ORDER (Passcd on f^July, 2008) Dhirendra Mishra, J By this petition under Article 226/227 ofthe Constitution of India, the petitioner has prayed for following reliefs:- (i) To quash the entire proceeduig as projected vide Annexure P-4 pertaining to receipt of No Confidence Notice Annexiire P-1 agatnst the instant petitioner. (u) To quash the Order dated 03.07.2008 passed by the Specified Aufhority vide Annexure P-4 in pursuance of the Notice Annexure P-1, summ.orung the tastant petitioner vide Annexure P-2 as weU as other ofEce bearers of the concenied Gram. Panchayat to participate m the meettng scheduled to be held on 14.07.2008 at tfae Assembly/Auditorium haU of Uie Janpad Panchayat Bilaigarh, being an out come of illegal process of cognizance. Grievancc of fhe petitioner is that he is the elected Sarpanch of Graui Panchayat-Odkakan, Block and Tehsfl Bilaigarl-i, Distt. Ralpm'. Notice dated 1st July, 2008 of "No Confidence Motion" vvas submitted by 12 members of flie Gram Panchayat under Rule 3(1) of the Clihattisgarh Panchayat (Grain Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janpad Panchayat Tatha Zila Pan.chayat Ke President Tatha Vice President Ke Vu-udh Avishwas Prastav) Niyani, 1994 (tn short the Rules, 1994'} against the petitioner. The Sub Divisional OfHcer aad Pi'escribed Authority, Bilaigarh fixed the date and tune for consideration of "No Confidence Motion" as 14.7.2008 at 12.00 noon, appointed Shii HK Jaiswal, Naib TehsUdar, Bhatsaon PresiduiR Officer and directed issuance of notice to all the members of the Panchayat regarduig fhe said meeting. The venue of the nieeting was fixed at the Meeting Hall of Janpad Panchayat, BUaigarh. The competent aufhority wifhout --dfiysfe 1 '!13:gp'r 'i: I ••i'sf'^i "iBl's-aS*' satisfyuig himself wifh respect to the m.0tion of no confidence tabled agatnst the petitioner, mechanically Gxed the date and directed issuaiice of notice. Sub-rule (3) of Rule 3 of the Rules, 1994 niandates that tlie notice of such meettne is to be dispatehed before 7 clear days through Panchayat Secretan' whereas in the instant case, notice has been served upon fhe petitioner by Peon of fhe Sub Divisional Officer. The venue of the mettng has been fbced at Janpad P&nchayat Headquarters which is at a distance of 37 km from the Gram Panchayat Headquarters. I have heard learned counsel for tfae petitioner and perused the material available on record. On receiving fhe motion of no confidence on 1.7.2008, fhe Prescribed Aufhorit\'-Sub Divisional Officer registered a case and after satisfying hiiTiseIf with the contents of the notice as weU as signatures of fhe persons moving the motion, called for report of the Chief Executive Officer, BUaigarh and posted the matter on 3rd Julv, 2008 and after receivine the mformation from the Chief Executive OQicer, fixed fhe date and time for convening the meeting for consideration of the m.0tion of no confidence against the petitioner. Thereafter, the Sub Divisional Officer appointed the Presiding Ofiicer and dtrected issuance of notice to the officer bearers of the Panchayat in the prescribed proforma. Thus, froni perusal of the order sheet dated 1st July, 2008 Gled by fhe petitioner himself as Annexure P/4, it is clear fh.at the R'escribed Aufhority has substantially complied with sub- rtile(2) of Rule 3 of the Rules, 1994, notice has been dispatched as per order dated 3rd July, 2008 ofthe Prescribed Authority for service to fhe office bearers of the Gram. Panchavat for the meetmg to be held on 14th July, 2008 and fliercfore, the saaie has been dispatched seven clear days before the date on which the Dieeting is to be held. ,'"%. It is settled law that fhe requirement of law is that the notice should be dispatched before seven clear days and it is not the requirement of law fhat fhe sam.e is to be dispatched and served upon each and every member of the Panchayat before seven clear days. So far as objection of the petitioner regarding fixation of venue of the meetmg for considerat^on of "No Confidence Motion" is concerned, the rules nowhere provides that the uieeting is to be held withtn fhe territorial jurisdiction of the Gram Panchayat. Stnce the petitioner has already been served with the notice well tn advance of fhe meeting for consideration of fhe niotion of no coniidence, it is open to the petitioner to participate m the said meeting, put up his case before the members of fhe Panchayat and the same shaU be considered in accordance with the provisions of Section 21(1) of the CG Pancliayat Raj Adhiniyam, 1993. In the considered opinion of this Court, because of fhe piDceedings drawn by the Prescribed Authority in the matters of "No Conlldence Motion" against fhe petitioner and issuance of notice to the members of the Panchayat, no grave mjustice or gross failure of justice has occasioned to the petitioner, warranting interference in exercise of jurisdiction under Article 226/227 ofthe Constitution oflndia. Accordingly, fhe petition bemg without substance deserves to be dismissed and is herebv disniissed at the adjnission stage itsetf. Sd/- Dhirendra Mishra Judge ¥-1