"Sa&^l ^ RR i^l3l-C ©ea1 tcrs)' BEFORE THE HIGH COURT OF CHHATTISGARH AT BILASPUR fCHHATTISGARHI WJ'. No. '3866' /2006 PETITIONER ^•* .^>y^ '%€>'' ..•"'' .^';Y.?'" ^•:^©-1-'" ^^: ^v' A.- •t^' Smt. Elizabeth Kujur, aged about 30 years, W/o. Shri '' "'"" y^?:'''' . Rajendra Kumar, Village & Gram Panchayat- Gattibuda, Block-Duldula, District- Jashpur (C.G.). VERSUS RESPONDENTS 1. State of Chhattisgarh, through Collector, Distt. Jashpur (C.G.). 2. Sub Divisional Officer (Revenue), Kunkuri, Distt. Jashpur (C.G.). S>. Presiding Officer, Naib Tahsildar, Tehsil-Kunkuri, Distt. Jashpur (C.G.). 4. Gram. Panchayat, Gattibuda, Through - Panchayat Secretary, Post ofGce - Kujara, Block Duldula, Distt. Jashpur (C.G.). ff^s~ WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA. XI-HC-78 3^'^IPTRTO', (STflu'IS, Rlcll'My WT^Tg^t^^Pj(oo<-^b%-^ 200^ 3Tr^?r<T5RT (l^fg^tT) sn^rgiTR-fich (raTsn^Tsbtii* t." ??ara«ifei'a:n^r -8.8.2006 Shr'i Virendr-a Sharma, <4dv. f^r- the petitioner. Shri N.K. Agarwal, Dy. Adv advance copy. Heard learned counset for th^ By the instant petition, the cor'rectness of the order dated or-der- that no confidence motion moj carried out and the petitioner is no^ Ponchayat Sattibuda, Block Duldulo, l^istrict Jashpur". The order JmpLgned is per-s^ Section 21 (1) of the Panchayat Raj +i'iifi-i'ifl-i iitidTffte<^)'<l^'^i< ^srf^irgn^T &eneral for r-espondent Nos.1 to 3 on parties on admission. setitioner has questioned the le9ality and 22.4.2006 (Annexure P-5) whereby the prescribed cuthority i.e. Sub Divisii^nal Officer (Revenue), Kunkur-i passed an ^ed against the petitioner herein has been entitled to continue as Sarpanch of 6ram ille9al||F and contrary to the provisions of Avam Gre Swarcy Adhiniyam, 1993 (for short 'Adhiniyam, 1993'), thereforej this petition is being disposed of at the admission stage itself without givin^ notice to respondent No.4, as issuance of notice 'is not going to serve any purjpose and same will unnecessary delay the disposal of this petition. However, this order, he will be at liberty tol order. Brief facts giviry rise to this Sarpanch and some Panchas of Sran^ 'f respondent No.4 still feels ogyisved by move an application for recalling of this petition are that the petitjoner her-ein was elected as Sarpanch of ©ramPanch|3yat ffattibuda in the year 2005. As per Rule 3 (1) of Panchcyat (Gram Pa^chayat Ke Sarpanch Tatha Up-Sarpanch, Janpad Panchayat Tatha Zila Panch(|yat Ke President Tatha Vice-President Ke Virudh ^vishwas Prastav) Niyam, (994 (for Aort "Rules, I994") the Up- Panchayat &attibuda g<we a notice to the P.T.O. XI-HC-78 HI*1MI Stl+licb 3^'^1TO?PT, (SiTnu'16, fsfciwy ^^..j^.sM^^., ^[200 3:n^?TTgw ('^3g^r) SII^T W ^Wdn cWT.snSOT ait<I<t) s^giWBf^a'sn^T A' 'shl'MTcl41'l TORff if feiA TiSRSTC , ^sri^Tan^T X" se|ged WttS t<)tal prescr-ibed authoriTy on .tU.4.i;UU6 the petitioner herein. The prescrib^d the admissibility of notice, as anvise|gi 1993, issued notices to the memb^r: Rules, 1994 and fixed the meeting the notice re9ardin9 no confidenc^ Panchayat Building, Sattibuda. The| wos appointed as presiding officer t^ motion. The meeting of panchoyat of the proceedings (Annexur-e P-3) the petitioner" herein porticipated in total 14 members, 10 members vot^< against the motion and 03 votes motion was carried out. The provisions of sub-sectior| envisoges that: "21. No-confidence Sarpanch.- (1) On a motj the 6ram Panchayat by a less thon three fourth o-1i such mcyority is rnore Pcnchos constituting the the Sarpanch or- Up-; passed, shall cease to holc) I'o move t1ieL no-confidence motTon-against authority after- satisfying himself about under Section 21(3) of the Adhiniyam, rs of Panchayat under- Rule 3 (3) of the \>f the members of Panchayat to consider motion on 22.4.2006 at 11 om in the Naib Tehsildar, Kunkuri Shri B.R. Bhagot contfuct the proceedings of no confidence convened and according to certified copy 14 members of the Panchflyat including the meeting and cast their- votes. Out of ^d in favour of motion, 01 member voted found invalid and it was held that the wsr& (1) of Section 21 of the Adhiniyam, 1993 m^tion ogainst Sarpanch and Up- jon of no-confidence being passed b/ resolution passed by majority of iwt the panchas present and votin9 ond tb»o third of the totai number of ^ram Panchoiyat for the time being, Sarjianch agcinst whom such motion is office forthwith." thbn P.T.O. XI-HC-78 3sr '^i'iiici'ii, yTflu'Ko, !«i''ii'Hy *11*1MI sh+licb ^.^-s '^^p^^ 200 Sli^i ^aw (iqt^sKt.ff) sn^r qir R^i<ti aW,-''T?5T sbHiqi ftoshan € TOITW Bf^cT 3T1^T It is admitted position that and Up-Sarpanch of Graw provisions of sub-section (1) of corry out the motion three fourt^i participating in the meeting and member's ought to have cast their case two third of the panchas wher'eas.only 10 members have cast proceedings Armexwe P-3 ond order^ car'ried out, therefore, the orderl contreiry to the provisions of sub-s^ 1993 ond same is liable to be set In the result, the petition of order dated 22.4.2006 (AnnexureP-f Consequentiy, M.(W.)P. No.30$ Certified copy as per rules. •that total members including the Sarpanch Pcincha^at Sattibuda are 16 and in view of the Secl^ion 21 of the Adhiniyam, 1993, in order to members of the members present and I'wo third number of members of total vdftes 'm favour of the motion. In the present cons^ituting the firam Panchayat comes to 10.7, their votes in fovour of the motion, as per Annexure P-1, as such, the motion was not of the prescribed authority is totally -s^c't'ion (1) of Section 21 of the Adhiniyom, astde q'i<<tci<)1-i tii'K'i) ffte'^ti.Ri't^K ^iSl^ITSn^T the petitioner is allowed and the impugned 3) is hereby set aside. '2/06 also stands disposed of. i.C.BW1100 JutiQe P.T.O.