^^ HIGH COURT OF CHHATTISGARH. BILASPUR ^ ^ WRIT PETITION (Cl N0.6596/2011 PETITIONER RESPONDENTS Dashrath Khute, son of Abhay Khute, aged about 42 years, presently Sarpanch of Gram Panchayat Baloudi, Tahsjl Bilaigarh, District Raipur (C.G.). VERSUS 1. State of Chhattisgarh, through Secretary, Panchayat & Social Welfare Department, Mantralaya, D.K.S. Bhawan, Raipur (C.G.). 2. Sub Divjsional Officer (Revenue) & Prescribed Authority, Bilaigarh, District Raipur (C.G.). 3. S.R. Hardahe, Presiding Officer/Nayab Tahsildar, Bhatgaon, District Raipur (C.G.). 4. Samme Lal Jagde, son of Ganesh Ram, aged about 39 years, R/o. Village Baloudi, Block & Tahsil Bilaigarh, District Raipur (C.G.). 5. Mahendar Son of Abhay Ram, Aged about 50 years, 6. Smt. Kholbahrin wife of Mangal Ram, aged about 48 years, 7. Ramkrishna Son of Mani Ram, aged about 40 years, 8. Smt. Manabai wife of Kanshiram, aged about 55 years, 9. Smt. Jamuna Bai wife of Ravishankar, aged about 35 years, 10 Mana Ram Son of Khuli Ram, aged about 52 years, 11. Smt. Rajni Bai wife of Bhagwan Das, aged about 32 years, 12. Smt. Neera Bai wife of Chhatram, aged about 40 years, 13. Khemlal son of Purushottam, aged about 39 years, 14. Smt. Agas Bai wife of Tularam, aged about 55 years, 15. Smt. Photobai wife of Agar Das, aged about 46 years, 16. Smt. Surat Bai, wife of Lakhan Lal, aged about 40 years, t.\^ry WRIT PETITION (C) N0. 6596/2011 17. Munna son of Sahdeo, aged about 36 years, 18. Ravi Ram, Son of Chaturbhuj, aged about 32 years, 19. Suklal son of Panchram, aged about 58 years, 20. Smt. Revti Bai wife of Pitambar, aged about 35 years, Respondent No. 5 to 20 are panchas of Gram Panchayat Baloudi, Tahsil Bilaigarh, District Raipur (C.G.). WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITION OF INDIA. Appearance: Mr. Ragvendra Pradhan, Advocate for the petitioner. Mr. Prashun Bhaduri, Panel Lawyer for the State/respondents 1 &2. SUNILKUMARSINHAJ. Heard on admission. ORALORDER (11.11.2011) Mr. Ragvendra Pradhan, learned counsel for the petitioner, submits that the petitioner is an elected Sarpanch of Gram Panchayat, Baloudi, Tahsil Bilaigarh, District Raipur (C.G.). His election has been called in question by filing an election petition by respondent No.4 and the matter is subjudice before the concerned Tribunal. In the meanwhile, the motion of no confidence has been moved against the petitioner and notices have been issued for meeting on 14 of November, 2011. His submission is that during the pendency of the election petition, a no confidence motion cannot be entertained. The contentions of learned counsel for the petitioner is wholly misconceived. Adjudication of the election petition and holding a meeting for consideration of a no confidence motion, both operate in two different fields. There is no legal impediment in entertaining the no confidence motion even during the pendency of the election petition. Neither Panchayat Raj Adhiniyam, 1993, nor Chhatttisgarh (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janapad Panchayat ^ . -^. % "is .,i y' ..-• WRIT PETITION (0 N0. 6596/2011 Tatha Zila Panchayat Ke President Tatha Vtee-President Ke Virudh Avishwas Prastav) Niyam 1994, contain any such provision which may prohibit the proceeding of a no confidence motion during the pendency of an election petition. Learned counsel for the petitioner also could not point out any such provision in this regard. For the foregoing reasons, 1 do not find any substance in the writ petition. The writ petition, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- ^ No order as to cost. Sunil Kumar Sinha Judge