'; c^,^ IN TME <&H GOURT OF JUDICATU^ AT KLASPUR : CHHATTIS6^RH W@T PETmC^I N0. [ Z9B OF 2QQ4 / PETITIOhER_ •,,,..(" Ayv'" / ^••"^ ^o.";,^; ^^c<^< Dheeraj Meshram, S/o Shri P.R. AAeshram, Aged about 35 yeors, Eiected President, ^Aunicipd Councii, Dongargarh, ..^\^ District. Rajnandgaon/ R/o Raiiway Coiony, Dongargarh, District: Rajnandgaon, Chhattisgarh. ..^ ^SPWDENTS,^1). ^). " Ver su sro State of ChhattJS9arh, Through: Secretary, Department of Environment and Urban bevebpment, Mantrdaya, D.K.S. Buiiding, Raipur Chhattisgarh. Under Secretary, Department of Environment and Urban Development, AAantrabya, D.K.S. Building, Raipur Chhattisgcirh. Municipai Councii, Dongargarh, Through: Its Chief Municipd Officer, AAunicipai Councii, Dongargarh, Distrsct: Rajnandgcion, Chhattisgarh. W^rPFTTTION UNDER ARTIOES 226 AND 227 OFTHE ^!<|STTnjraoN.criNbiA FCR ISSUAN^E OF_W^T/ WRTTS/ OIFECTIONS ETC, 3). -< F PETITIONER HIGH COURT OF CHHATTISGARH : BILASPUR WRITPETITIONNO. 1298 OF 2004 Dheeraj Meshram Versus RESPONDENTS State of Chhattisgarh & Others (Writ Petition under Article 226 & 227 of the Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Sudeep Agrawal, Advocate for the petitioner. Shri Arun Sao, Government Advocate for the State/respondents No.1 & 2. Shri Anand Dadariya, Advocate for the respondent No.3. ORDER (Passed on this 30th day of November, 2011) The petitioner impugns the show cause notice dated 21.04.2004 (Annexure P-1), whereby, on finding a prima facie against the petitioner, a show cause notice was issued to file response and put forward its case. This Court by interim order dated 18.05.2004 while holding that the respondents should not take any action pursuant to the notice, made it clear that the petjtioner can file his reply to the show cause notice without prejudice to his rights available under the law. It appears that thereafter, no reply was filed and no final decision was taken on the show cause notice. Be that as it may, during pendency of this petition, two elections have taken place. It is informed at the bar that the petitioner has again been etected as President, Municipal Council, Dongargarh. Thus, it is not necessary to go into other aspects of the matter. However, so far as notice is concerned, that cannot be quashed on the ground that prima facie, findings have been recorded bythe authorities, in the notice. Learned counsel appearing for the State submits that serious allegation of irregularities are leveled againstthe petitioner, thus, no final order shall be passed without affordina proper opportunity of hearing to the petitioner to 2 put forward his case. The petitioner has come to this Court at the stage of show cause notice without responding the same on the ground that the findings have been recorded, which may go against him. 5. Without going into the merits of the case, on account of the interim order passed by this Court, no action could be taken on the show cause notice, thus, the petitioner is permitted to file response to the show cause notice putting forward his case. Thereafter, the authorities may consider the cas@ of the petitioner as a whole and may pass appropriate order, in accordance with law, on its own merit. 6. in view offoregoing, the petition stands disposed of. No order asto coste. ashok Sd/- Satish K. Agnihotri Judge