SANDEEP SHUKLA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioner being President of Janpad Panchayat, Kota, District Bilaspur has preferred this petition under Article 226 of the Constitution of India seeking quashment of the order dated 31.3.2011 (Annexure P-1) passed by the Additional Collector, Bilaspur and the notice dated 01.04.2011 (Annexure P-5) issued by the said Additional Collector convening the meeting of the Janpad Panchayat, Kota to consider the motion of no-confidence brought by the members of the Janpad Panchayat against the petitioner.

(2.) THE petitioner along-with respondents 4 to 26 were elected as members of the Janpad Panchayat, Kota, in the election held in the month of January 2010 and thereafter the petitioner was elected as President by the members of the Janpad Panchayat on 29.03.2011. Some of the private respondents submitted a motion of no-confidence to the Collector, who is the prescribed authority. THE Collector, on the same date, made over the matter to the Additional Collector by observing that under the work distribution memo operative in the Collectorate, the Addl. Collector is authorized to take up the proceedings under the provisions of C.G. Panchayat Raj Adhiniyam 1993 with respect to Kota sub- division. THE Additional Collector, thereafter appointed the Sub-Divisional Officer, Revenue, Kota, as the authorized officer and convened the meeting of the Janpad Panchayat on 09.04.2011. Even before the said meeting, this writ petition was preferred and by interim order dated 08.04.2011 it was directed that if the motion of no-confidence is passed against the petitioner in the meeting to be held on 09.04.2011, the result of the motion shall not be given effect to till the next date of hearing. THE said interim order is still operative and thus the petitioner is still continuing in the office.

(3.) IN exercise of powers conferred by Clause 21 of Section (2) read with sub-section (3) of Section 93 of the Adhiniyam, 1993 and in supersession of earlier Notification No.705/P/22/2003 dated 13.05.2003, the State Government has notified that the officer or the authority mentioned in Column No.2 of the Table shall discharge the functions of the prescribed authority for the purpose of sections of the Adhiniyam mentioned in corresponding entry in Column III thereof. The relevant entry for the purposes of this writ petition is the Entry (15). Under the said Entry, the Collector has been appointed as the prescribed authority for the purpose of section 28(2) of the Adhiniyam.