SHANTI BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioner seeks to challenge the legality and validity of the orders dated 4-3-2011 (Annexure - P/6) and 30-6-2011 (Annexure - P/13).

(2.) CASE of the petitioner, in short, is that the petitioner was elected Sarpanch of Gram Panchayat Chirmi. On 29-11-2010 the petitioner made a complaint against the respondent No.4 with regard to his negligence act, misbehaviour, etc. before the respondent No.3 and thereafter, lodged a report in police Station, Poudi on 5-12-2010. Even the villagers also made a complaint against the respondents No.4 & 5 before the respondent No.2. On the basis of the complaint, the respondent/Sub Divisional Officer initiated the proceedings and registered the case against the respondent No.4 & 5. However, all of a sudden without any rhyme or reason, the Sub Divisional Officer proceeded against the petitioner and issued notice under Section 40 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 and vide order dated 4-3-2011 the petitioner was placed under suspension.

(3.) IN the case on hand, the petitioner has failed to establish that notice to convene meeting for no-confidence against her was not dispatched before the date of meeting. Her entire case is that notice was received three days before the date fixed for taking up the motion of no-confidence against her and as such, there is no infirmity or illegality in the issue of notice before taking up no confidence motion against her.