<i7 HIGH COURT OF CHNATTISGARH : BSLASPUR SingSe Bench : Hon'b!e Shri S.R. Nayak, CJ WRJT_PETmON_N^a59950F2Q05 PETITIONER RESPONDENTS Kaushai Prasad Sanjay, aged about 27 years, S/o K.R. Sanjay, Caste - Satnami, Occupatlon " Sarpanch, Vlllage Panchayat - Chikhii, Viliage & Post - Chikhii, P.S. Pussore, Tehsi! & District - Raigarh (Chhattisgarh) Versus 1. State of Chhattisgarh, Through the Coilector, Raigarh, District - Raigarh (Chhattisgarh) 2. The Dy. Director, Panchayat, Raigarh, District - Raigarh (Chhattjsgarh) 3. The Sub-Dlvisionai OffEcer, Raigarh Sub-Division, Tehsil & District - Raigarh (Chhattisgarh) 4. Pyare!a! Sao, about 32 years, S/o Banimm Sao, Occupation - Panch, Village Panchayat-Chikhli, Vlllage & Post - Chikhli, P.S. - Pussore, TehslS & District - Raigarh (ChhatSIsgarh) 5. Rarn Badan Singh, aged about 60 years, S/o Devendra Slngh, R/o viilage - Chikhli, C/o Deepak Dhaba, Vlliage & Post - Chikhij, P.S. - Pussore, Tehsjl & District - Rajgarh (Chhattisgarh) Present: Mr.Sourabh Dangi, learned counsej for the petitioner. Mr. Yashwant Singh, iearnad Govt. Adv., for the State. O RD E R (Passed on 29th November This writ petition is directed agalnst a stetutory notice issued under the proviso to Sub-section (1) of Section 40 of the Chhattisgarh i8 -2.- Panchayat Raj Adhiniyam, 1993 (for short Ths Adhiniyam?). The proviso to Sub-section (1) of Section 40 of the Adhiniyam contemplates issuance of statutory notice to the person against whom there Is a move to unseat hlm from the office heid by hlm. (2) i have perused the writ petition averments. Since the petitioner has an opportunity to his against the move initiated by the third respondent, there is no necessity forthis Court to entertain this writ petition at this and pronounce upon the aSlegations and counter aiiegations made in the impugned notice and the pieadings of the petitioner respectiveiy. tt is for the third respondent to consider and take approprlate action after appreciatlng the defence/explanation that may be offered by the petitioner. In that view of the matter, the writ petition is dismissed, however, with no costs. Sd/- Chief Justice By^^A