TINTUS TIGGA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 23.01.2012 (Annexure P/1) passed by the respondent No. 2/Collector, Ambikapur, whereby the application of the petitioner filed against the no confidence motion under section 21(4) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, was dismissed.

(2.) THE facts, in brief, as projected by the petitioner is that the petitioner was elected as Sarpanch of Gram Panchayat, Changori, Janpad Panchayat, Lundra, District Surguja. THE respondent No. 5 alongwith other panchas, gave an intimation to the Sub Divisional Officer, Ambikapur, 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. THE SDO registered a case and fixed the date for further order on 18.08.2011 (Annexure P/5) and appointed Ambros Toppo, Tahsildar Lundra, as Presiding Officer, for convening the meeting of no-confidence motion against the petitioner on 26.08.201, which was held to be carried out as 9 members voted in favour and 3 against the no confidence motion. It is the case of the petitioner that the procedure as envisaged under section 21 of the Adhiniyam, 1993 was not followed for carrying out the no-confidence motion. Thus, the no confidence motion alleged to be carried out against the petitioner, is null and void.

(3.) THE Collector, in the dispute referred under section 21(4) of the Adhiniyam, has considered the issues raised before him as well as before this Court. THE Collector has rightly come to the conclusion that the date of receipt of notice before convening the meeting of the Gram Panchayat specifying date, time and place is not to be counted from the date of receipt of the notice, but from the date of its dispatch. It is not in dispute that the notice was despatched on 18.08.2011 when it was decided to convene the meeting of the Gram Panchayat on 26.08.2011.