BUDHMATI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) PETITIONER is Sarpanch of Gram Panchayat, Hirri, Tehsil Sarangarh, District Raigarh. 15 Panchas submitted notice for holding meeting of the Panchayat for brining motion of no confidence before prescribed authority on 23/03/2012. The application was supported with an affidavit. The prescribed authority appointed authorized officer and convened meeting which took place on 4/04/2012. In the said meeting out of 22 members of the Panchayat 19 were present and 16 of them voted in favour of motion and remaining three voted against the motion. The number of office bearers supporting motion being not less than 3/4th of the members present and voted and more than 2/3rd of the strength of the Panchas, the authorized officer declared the motion to have been carried and information under Rule 8 was sent to the prescribed authority and the Collector vide Annexure P-4 on 7/04/2012. Dispute/reference moved by the petitioner under Section 21 (4) of the Chhattisgarh Panchayat Raj Adhiniyam has been rejected by the Additional Collector by the impugned order.

(2.) LEARNED counsel for the petitioner has argued that mandate of Rule 3 (1) of Chhattisgarh Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janapad Panchayat Tatha Zila Panchayat Ke President Tatha Vice-President Ke Virudh Avishwas Prastav) Niyam, 1994 has not been followed in as much as the notice submitted by the Panchas was not in prescribed format.

(3.) FOR the foregoing reasons, this court does not find any substance in writ petition, which deserves to be and is hereby dismissed.