KU SUNANDA MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioner, by this petition seeks to quash the entire proceedings initiated under Section 41 of the Chhattisgarh Municipalities Act, 1961 (for short "the Act, 1961") including the notice dated 12-6-2008 (Annexure P-1).

(2.) LEARNED Counsel appearing for the petitioner submits that the petitioner is elected Councilor from Ward No. 1 of Nagar Panchay at Charama, District Kanker. On the basis of resolution dated 20-5-2008, a show-cause notice dated 12-6-2008 was issued to the petitioner by the Collector, Uttar Bastar, Kanker. In the said notice, it has been mentioned that on 20-5-2008, a resolution was passed by the Nagar Panchayat and the Chief Municipal Officer by letter dated 21-5-2008 forwarded the same to the Collector for removal of. the petitioner from the post of Councilor. LEARNED Counsel further submits that before passing the resolution dated 20-5-2008, the petitioner was not informed about the meeting of the Nagar Panchayat.

(3.) THIS Court in Dr. Vimal Chopra (supra), observed as under :- In view of the foregoing, it is evident that the respondents/authorities have formed opinion with regard to certain allegations in respect of financial irregularities, as have been found proved without affording proper opportunity of hearing to the petitioner to put forward his case. Thus, the impugned show-cause notice dated 12-4-2007 (Annexure P-3) is vitiated and is accordingly quashed. However, it is open to the authorities/respondents to conduct an enquiry, in accordance with the provisions of Section 41-A of the Act, 1961 or any other provisions of the Act, 1961, if so advised.