KUNTI BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioner, a Sarpanch against whom the motion of no confidence has been carried by the members of the Gram Panchayat, Chhantajha, Tahsil Kawardha, District Kabirdham has preferred this writ petition under Article 226 of the Constitution calling in question the legality, validity and correctness of the order passed by Collector, Kabirdham on 18.08.2011 (Annexure P-1) dismissing her application u/s 21(4) of the C.G. Panchayat Raj Adhiniyam 1993 (hereinafter referred to as Adhiniyam) on the ground that the said application is barred by limitation.

(2.) IT is not in dispute that the petitioner is Sarpanch of the concerned Gram Panchayat and on a notice of moving 'no confidence motion' the prescribed authority issued notice to all the members of Gram Panchayat (Panchas) and convened the meeting appointing Presiding Officer and the motion was carried in the said meeting of Gram Panchayat on

(3.) THE short question arising for determination in this writ petition is whether an application raising dispute u/s 21(4) of the Adhiniyam before the Collector can be entertained after the prescribed period of limitation i.e., after 7 days, by entertaining the application for condonation of delay in moving the said application.