< 1:. '^t' c-..^.Vo:-^; IN THE HIGH COURT OF CHHArTISGARN AT BILASPUR WRIT PETITION N0. S2-48 OF2006 PETITIONER ^-^ y>? A.--TY y^/ fl^'^Y^ ''..-•^y ''.•-•1;%>?" :^^y . ^>/< ^y RESPONDENTS : ^/ Smt. Jila Bai W/o %tri Udesh Singh, Aged about 32 y&ars, Caste Gond, Sarpanch Gram Panchayaf Badrori,. P.S. SE Tahsil Marwahi, District BILASPURC.G VER S U S / District Officer, Road, 1. AdditionalCollector, Pendra Road, Bilaspur, C.G. 2. Sub Divisional (Revenue) Pendra District -Bilaspur C.G. 3. Lal Singh S/o Sukhen, aged about 4Qyea.rs, Panch, Gram Panchayat Badrori, R/o village Daigawah, Police Station and Tahsil Marwaht, District ^. _Bilaspur C.G. WRIT PETITION UNDER ARTICLE/227 OF THE^CQNSTITUTIpN OF INDIA FOR ISSUANCE OF AN APPROPmATE WMT IN THE NATURE OF MANDAMUS/CERTIORARI ETC. OR DIRECTION/ORDER IN THE LIKE NATURB ETC. XI-HC-78 3^'3Tpn?iq-^ aTfltl'ls, Rlfll^y ^l <TltTTfTSti*1|ch ^ 200 3TI^?T <T3%' (I^3^8T) sn^Tr^R-fi* traTsn^rstiiiti S^ITWnl^tT^n^T 8.8.2006 Shri Rakesh Pandey, Adv. fo copy. Shri N.K. Agarwal, Dy. Adv. ^eneral for respondent Nos.l <& 2 on advance Heard learned counsel for t^ie parties on admission. By the instant petition, th^ 10.7.2006 (Annexure P-1) passed b| Officer', Pendra Road in Revenue preliminary objection filed by the of the proceedings has been reject herein was elected as Sarpanch Q| ^rafa^ ifTf^rf ff te^)-rfSR.CTc ^srf^iTsiT^r •• the petitioner. petitioner hos challenged the order* dated the pr'escribed authority i.e. 5ub divisional pase No.04/^-89/2005-2006 where.by the betitioner with regard to the maintainability bd. Brief facts leading to filir^g of this petition are that the petitioner f Gram Panchcyat Badrori, Tehsil Marwahi, Distt'ict Bilaspur. A complaint a^ainst the petitioner was filed by certain persons named in the impugned cjrder that apart from holding the post of Sarpanch the petitioner' is olso holcjing the post of President of a Society ond in that capacity she is working agoi|ist the public interast, therefore, she be removed from •the post of Sarpanc(i. The said complaint was entertained under Section 40 of the Ponchayat Rcy A^ "Adhiniyam, 1993") and the S.&.O. petitioner- herein filed objection ^egar-ding maintainability of the proceedings on the ground that the said act Sar-panch, therefore, the petition ii The provisions of Section 4q 'am Gram Swar<y Adhiniyam, 1993 (for short ssued notice to the petitioner, on which the |>f the petitioner- is not jn the capacity of not maintainable. of the Adhiniyam, 1993 reads as under;- z- P.T.O. XI-HC-78 'S^ '^WV\^, »Tflu'l(a,RldKiy m*f^ll sb^l<h ^ 200 3li^i Mach (licit3'!"^<T) 3:n^T^rR;rN; PTSTT 3T1^T shHlcb tS; Roshan/- TOiTWflficrsn^r •z "40. Removol of offlice bearers of Ponchoyat- (1) The State i^escribed authority may ofter such enquiry ^nake at any time, remove an office bearer- $overnment of the pi as it may deem fit to (a) if he ha; discharge (b) if his cont interest o Provided that has been given an Q( not be removed -from been guilty of misconduct in the lof his duties: or Inuance in office is undesirable in the f the public. |no person shall be removed unless he p^ortunity to show cause why he should his office." In view of clause (b) of sub- the enquiry is being conducted by whether the act of the petitioner the post of President of a society shop is undesiroble in the interest Therefore at this stage, it petitioner' is not covered under the Adhiniyam, 1993. Accord'ingfy liable to be dismissed and it is Consequently, M.(W.)P. No.; df cltlise here^y <»ii<it<-i<fl-< *ii*ifl) ^'te^tRi'tAK ^isrf^q'sn^r (section (1) of Section 40 of tiie /idhiniyam the prescribed authority to find out as to herein apart being 5arpanch she is holding |and in that capacity she is running a ration public or not. cannot be held that the said act of the (b) of sub-section (1) of Section 40 of f, the petition is not maintainable, same is dismissed. 3002/06 atso stands dismissed. Sd/- L.C. S:hs<3oo Judge P.T.O. k^-"r.