NEERA MANHAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this writ appeal is to the order dated 13.01.2021 passed in Writ Petition (C) No.44 of 2021 whereby learned Single Judge declined to interfere with the order passed by Collector, Janjgir-Champa dated 07.12.2020 allowing the application filed under Section 36(2) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as 'Adhiniyam, 1993') and declared the post of Sarpanch and Panch of Ward No.12 of village Panchayat Thuthi to be vacant under Section 36(3) of the Adhiniyam, 1993.

(2.) The facts as pleaded by the appellants are that, appellants contested Panchayat election, which took place on 30.01.2020 for the post of Sarpanch and Panch of Ward No.12 respectively, of village Panchayat, Thuthi. After conclusion of election proceedings, appellants No.1 and 2 have been declared to be elected on their respective posts and election certificates were also issued to them. Respondent No.4, filed an application before respondent No.2 Collector, Janjgir-Champa under Section 36(3) of the Adhiniyam, 1993 for declaring the appellants to be disqualified and post of Sarpanch and Panch of Ward No.12 of village Panchayat, Thuthi to be vacant. Respondent No.2 registered the case and thereafter, passed an order on 07.12.2020 (Annexure P/1) declaring the post of Sarpanch and Panch of Ward No.12 of village Panchayat, Thuthi to be vacant. This made the appellants to file a writ petition with following reliefs :-

(3.) Learned Single Judge upon hearing the learned counsel for respective parties, dismissed the writ petition by impugned order dated 13.01.2021.