DHARAMCHAND KUNJAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 13.07.2011 (Annexure P/1) passed by the respondent No. 2 whereby the petitioner, working as Sarpanch of Gram Panchayat, Kumhankhar, District North Bastar, Kanker, has been removed from his post under the provisions of section 21(1) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short, 'the Adhiniyam, 1993').

(2.) SHRI Verma, learned counsel appearing for the petitioner submits that the petitioner was the elected Sarpanch of Gram Panchayat, Kumhankhar, Uttar Bastar Kanker. An application was made by the Panchas under the provisions of section 40 of the Adhiniyam, 1993, for initiation of no- confidence motion against the petitioner, pursuant to which, the Tahsildar was appointed as Presiding Officer. Thereafter, resolution was passed on 11.07.2011 for removal of the petitioner from the post of Sarpanch.. Pursuant to the said resolution, the impugned order dated 13.07.2011 (Annexure P/1) was passed without affording the petitioner, an opportunity to put forward his case.

(3.) IN view of the foregoing, and for the reasons stated hereinabove, this Court, in exercise of its power under Article 226 of the Constitution of INdia, is not inclined to interfere with the impugned order which is legal, just and proper.