SMT. GANGA BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 20.06.2011 (Annexure P/1) passed by the Additional Collector, Balodabazar, whereby the appeal preferred by the petitioner against the order dated 28.03.2011 (Annexure P/2) whereby the no-confidence motion against the petitioner has been declared as carried out by 16 votes.

(2.) THE facts, in nutshell, as projected by the petitioner are that the Up-Sarpanch and 11 other panchas of Gram Panchayat, Makdi gave an intimation to the Sub Divisional Officer, Bilaigarh, District Raipur under sub-rule (1) of Rule (3) of the Chhattisgarh Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice President Ke Virudh Avishwas Prastav) Niyam, 1994 (for short 'the Rules, 1994') for no-confidence motion against the petitioner, the Sarpanch of the Gram Panchayat, on the allegation of financial irregularities on 14.03.2011. THE SDO registered a case and fixed the date for further order on 17.03.2011 and appointed N.R.Dhurve, Tahsildar Bilaigarh, as Presiding Officer, for convening the meeting of no-confidence motion against the petitioner on 28.03.2011. THEreafter, the no-confidence motion was passed against the petitioner.

(3.) HEARD learned counsel appearing for the petitioner, perused the pleadings and documents appended thereto.