®SgBS?^;';IRS HIGH COURT OF CHHATTISGARH: BILASPUR Writ Petition (2271 No. 4919 of2008 Petitioner Smt. Sunita Sahu, Sarpanch, Gram Applicant Panchayat - Pithampur, Block Nawagarh, Tehsil Janjgir, Distt. Janjgir - Champa (CG). Versus Respondents Non-applicants 1. 1. Presiding Officer, Shri S.R. Sidar, Additional Tehsildar, Janjgir. 2. Jeevanlal Sahu, S/o. Jeerjodhan Sahu, ^ Up-Sarpanch. 3. Ashok Kumar Sahu, S/o. Khamhan Prasad Sahu, Panch. 4. Yashoda Bai, w/o. Lalturam, Caste - Sahu, Panch. 5. Amritlal, S/o. Bhagwandeen, Caste— Sahu, Pan.ch. 6. Dujbai, w/o. Pururam, Caste - Kewat, Panch. 7. . Sumend Ram, S/o. Samaru Ram, Caste ~ Sahu,Panch. 8. Dujbai, W/o. Chandram, Caste Sahu, Panch. 9. Punibai, w/o. Vyas, Narayan, Caste - Sahu,Panch. 10. Poonabai, W/o. Amritlal, Caste Sahu, Panch. 11. Ramnath, S/o. Jatiram, Caste Sahu, Panch. 12. Ashok Kumar, S/o. Dukaluram Sahu, Panch. 13. Rohini Kumar, S/o. Sanmtram Sahu, Panch. 14. Firangi, S/o. Guhriram, Caste Bhedpal, Panch. -2-- 15. Lakhanlal, S/o. Radheshyam Sahu (Unauthorised Voter) Present: Shri Rajeev Shrivastava, counsel for the petitioner. Shri Vinay Harit, Dy. Advocate General with Shri Shashank Thakur, Panel Lawyer for the State. And Writ Petition 1227) No. 4915 of2008 Petitioner Non A^pUcant Nq.4. Respondent \^ 8. Yashoda Bai, W/o. Lalturam, Caste Sahu, aged about 25 years, (Officiating Sarpanch), R/o. Village : Pithampur, Tahsil: Janjgir, District Janjgir-Champa Versus State of Chhattisgarh, through the Secretary, Panchayat & Rural Development Mantralaya, D.K.S. Bhawan, Raipur, District Raipur (CG). The Collector, Janjgir, District Janjgir- Champa (CG). Sub Divisional Officer, Revenue and prescribed authority Janjgir, District Janjgir-Champa (CG). Smt. Sunita Sahu, w/o. Ashok Sahu, aged about 32 years, Sarpanch Gram Panchayat Pithampur, Block: Navagarh, Tahsil : Janjgir, District Janjgir-Champa Presiding Officer, Shri S.R. Sidar, Additional Tahsildar, Janjgir, District Janjgr(CG) Non Applicant No.l. Jeewan Lal Sahu, S/o. Jirjodhan Sahu, aged about: Unknown, Upsarpanch, Non applicant No.2. Ashok Kumar Sahu, S/o. Khamhan Sahu, Panch, aged about : Unknown Non Applicant No.3. Amrit Lal, S/o. Bhagwandin, Caste Sahu, Panch, aged about : Unknown. Non Applicant No.5. y^ "^ . ! %&^ • 't %&^:.;" -3- 9. Dujbai, W/o. Pururam, Caste: Kenwat, Panch, aged about: Unknown. Non applicant No.6. 10. Sumendram, S/o. Samaru Ram, Caste: Sahu, Panch, Aged about : Unknown. Non Applicant No.7. 11. Dujbai, W/o. Chandram, Caste: Sahu, Panch, aged about Unknown. Non-Applicant No.8. 12. Puni Bai, W/o. Vyasnarayan, Caste: Sahu, Panch, aged about :Unknown. Non applicant No.9. 13. Puna Bai W/o. Amrit Lal, Caste: Sahu, Panch, aged about Unknown. Non applicant No.IO. 14. Ramnath S/o. Jatiram, Caste Sahu, Panch, aged about Unknown. Non Applicant No.ll. 15. Ashok Kumar S/o. Dukaluram Sahu, Panch, aged about : Unknown. Non Applicant No.12. 16. 17. 18. Rohni Kumar, S/o. Santram Panch, aged about : Unknown. Non Applicant No. 13. Sahu, Firangi, S/o. Guhri Ram, Caste: Bhedpal, Panch aged about :Unknown. Non Applicant No. 14. Lakhan Lal S/o. Radheshyam Panch, aged about: Unknown. Sahu, Non Applicant No. 15. Respondents No. 6 to 18 are R/o. Village Pithampur, Tahsil : Janjgir, District: Janjgir Champa (CG). (Writ Petition under Article 226/227 ofthe Constitution oflndia) SB: Hon'ble Mr. Satish K.Agnjhptri, J. Present: Shri Pushpendra Kumar Patel, counsel for the petitioner. Shri Vinay Harit, Deputy Advocate General with Shashank Thakur, Panel Lawyer for the State. ^- ^.. l-:"'-..---:.' /' ORAL ORDER (Passed on this 8th day of September, 2008) These petitions are arising out of the common judgment and order dated 19-8-2008 (Annexure P/l) passed by the Collector, Janjgir-Champa in CaseNo.04/A-89 (6)/07-08 involving the same question of law. Thus, both the petitions are considered together. 2) The petitioner in Writ Petition (227) No. 4919 of 2008 is an elected Sarpanch, Gram Panchayat, Pithampur, Block Nawagarh, \ Distt. Janjgir-Champa. A vote of aNo Confidence" was moved against the petitioner, in accordance with law, on the basis of application dated 3-5-2008 made by Up-Sarpanch and other Panchas of the Gram Panchayat Pithampur. On 19-5-2008 a meeting of Gram Panchayat was convened and no confidence motion was passed against the petitioner and order was passed on 20-5-2008 accordingly. The matter was referred to the Collector under Section 21 (4) ofthe C.G. Panchayat Raj Adhiniyam, 1993. 3) The Collector, after having examined and heard all the concerned parties, held that on the application of Up-sarpanch and 11 other panchas a notice for No Confidence Motion against the petitioner was issued. Date of No Confidence Motion was fbced on 19-5-2008. Bhagwat Prasad and Lakha Lal Sahu were disqualified, pursuant to the order dated 27-2-2007 passed by the Collector. Despite the fact, a notice for initiating No Confidence Motion was ser^ed on Bhagwat Prasad. Lakhan Lal Sahu participated in the proceedings of No Confidence Motion. Lakhanlal Sahu, notwithstanding the fact that he was not a Panch on the date of -6- motion, participated in the proceedings and cast his vote in No Confidence Motion. Thus, the entire proceeding was found vitiated on the ground that Lakhan Lal Sahu, who was not a member of Gram Panchayat, also participated in the proceedings and cast his vote. Secondly, Bhagwat Prasad, who was declared as disqualified and his name was struck off from the list, was also served a notice of the proceeding for No Confidence Motion. Thus, the Collector found that the proceeding of No Confidence Motion held on 19-5-2008, was vitiated. Accordingly, the same was declared as null and void. The Collector further directed that the members of the Gram Panchayat 'e at liberty to take out No Confidence Motion against the Sarpanch. 4) Being aggrieved, the elected Sarpanch against whom, no confidence motion was carried out, filed the petition, being Writ Petition (227) No. 4919 of 2008 stating that the Collector has exceeded his jurisdiction by granting liberty to the members of the Gram Panchayat to initiate vote of No Confidence Motion, if so advised. The petitioner in other writ petition questioned the legality of the order on the ground that whether Lakhan Lal Sahu was a panch or not, is disputed. 5) I have heard learned counsel appearing for the parties, perused the pleadings and documents appended thereto. The finding of the fact recorded by the Collector that Lakhan Lal Sahu was not a Panch on the relevant date, who participated in the proceedings and cast his vote, is vitiated. Therefore, the Collector was right in holding that the entire proceeding was void. Further observration of the Collector that the members of the Gram Panchat are at liberty to initiate the proceedings of No Confidence Motion, if so advised, is not in the nature of direction, but it was a liberty granted to the panchas of Gram Panchayat as vote of No Confidence Motion was not rejected on any other ground, but on the ground that a person, who was not a member of the Gram Panchayat, was allowed to participate in the proceeding and cast his vote. 6) Thus, the impugned order dated 19-5-2008 (Annexure P/l) passed by the Collector is unexceptionable and does not warrant any interference. ') This Court, in exercise of its super^isory jurisdiction under Article 227 of the Constitution of India, should refrain itself from interfering with the order passed by the court below, except in such cases where perversity, illegality, irregularity or jurisdictional error is writ large on the face of the record, which is not in the present case. 8) For the reasons mentioned hereinabove, both the petitions are dismissed in limine. Sd/- Satish K. Agnihotri Judge Raju