W mam, m, W m’dPéQiaff/m 200,8 mm (W) mvfgam mmiwm %$Timan%¥t PETITIONERI: (Respondent).r H RESPONDENTS: {Writ petition under Article Kheer Sai years. Panchayat Saraipali, Distt. Mahaeamund (C.G.) Versus - State of Chhattisgarh, Through the Additional Collector, Mahasamund, Distt. Mahasamund (C.G.) The Sub-Divisional Officer (R) & Prescribed Authority, Saralpali, Distt. Mahasamund (C.G.) Sarpanch of Gram g27 of the Constitution of indie} Single Bengh: Hon’hi‘g Mr. Jgstigg L.c. Bhadoo 14-1 ~2008 Mr. R.S. Patel, counsel fort Mr. N.K. Agrawal, Deputy A vacate General with Mr. Sumit Verma, Panel Lawyer for the State/respon ents No,1 & 2, on advance copy. Heard. The petitioner, who is Up- rpanch of Gram Panchayat: Jamhari, Tahsil: Saraipali. Distt. Mahasa und, has preferred this writ petition questioning legality and correct ess of the order dated 442.2%? (Annexure P-1) whereby respondent No.1 Additional Coliector had stayed der dated 28-11-2007 passed by the confidence e petitioner. Dadasena, of Gram Jamhari. S/o Shri Pyarelal Dadasena, aged about 30 Up-Sarpanch Tahsil: Panchayat Jamhari (Radheshyam Chowhan); Block. & Tahsil Saraipali, Distt. Mahasamund (C.G.) (Appellant) 'the effect and operation of the or Specified Officer by which the Specified Officer held that no r/ g mm (Wit!) mWifgém $Wa1i¥r *2: r WWW motion as envisaged under Sec 21 (1) of the Chhauisgarh Panchayat Raj Avam Gram Swamj Adhiniy m, 1993 (for short ‘the Act‘) which has been carried out, has been sta ed by the learned Additional CoHector exercising the power under Secti n 21 (4) of the Act. Undisputed facts leading to filing of this writ petition are that respondent No3 was elected as arpanch of Gram Panohayat: Jamhari in the year 2005. Dissatisfied th the working of respondent No.3, Sarpanch. Up-Sarpanch & other Panchas had moved a no oonhdence motion before the Specified er on 13-11-2007 whereupon the Specified Officer passed an orde on 20‘“ November, 2007 for convening the meeting of the Panchayat on e no confidence motion. The meeting was held on 2741-2007 and on that day,WW o 14 members were present and 11 embers cast their/in favour of motion, whereas three members cast th r votes against motion. The Specified Officer after the meeting held tha the motion has been carried and based on that, passed the order dated 8-11-2007, same has been challenged by respondent No.3 herein bef re the Additional Collector who has granted stay by way of the orderi pugned. in this respect, the provis ons of Section 21 (4) of the Act are relevant which envisage that “if case may be, desires to challen i \ K L Sarpanch or the Upsarpanch, as the the validity of the motion carried out under sub-section {1), he shall, n seven days from the date on which such motion was carried refer dispute to the Coilector who shall decide it, as far as possibie, withn thirty days from the date on which it ' was received by him, and his deci ion shail be hnaf’. / . . V/ @ t n i c mw,m,%m W W wPCQzlg1£ 200g 3mm (13W) WW,W,W W WwPCC>2¥tKW mg Since stay order is subsmting against the mandatory provisions of Section 21 (a) of the Act, it is Soma ecessary to issue notice to respondent No.3, however, still if responde t No.3 feels aggiieved by this order, he will be at iiberty file application fo recalling this order. 'As the’order passed by th Additionai Colleetor is in force for more than 3O days, now. the Addition i Collector is directed to dispose of the reference within 15 days from to ay failing which the stay granted by him shall automatically stand vacate and respondent No.3 will not be entitled to hold the post thereafter. With the directions and o servations aforesaid, the writ petition is diSposed of, at the admission sta e itself. Sd/- L.C.BHADOO Judge Consequently, l.A.No.1 n u Wm (137131”) m$fW q. WWW " mmm mm£fgétm $W‘anéw