JANKI BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition has been brought praying for issuance of appropriate writ and also for quashing the impugned order dtd. 16/11/2021 (Annexure-P/1).

(2.) It is submitted that the petitioner was elected as Sarpanch of Gram Panchayat Khamhariya, District Mungeli, Chhattisgarh. A complaint was made by respondents No. 6 to 13 against the petitioner before respondent No. 3 making allegations of financial irregularities. The copy of the complaint was not supplied to the petitioner, however, the case was registered. Without holding any preliminary inquiry respondent No. 3 issued a show cause notice (Annexure-P/4) under Sec. 40 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (in short 'the Adhiniyam, 1993') to the petitioner. The petitioner submitted reply vide Annexure-P/5. Respondent No. 3 then directed the CEO, Janpad Panchayat Mungeli for submitting a report, but the same was not complied. Thereafter, a committee was constituted for inquiry. The committee headed by respondent No. 4 submitted a report.

(3.) The State counsel representing respondents No. 1, 2, 3 and 4 opposes the submission and raises ground on the maintainability of the petition. It is submitted that there is alternative remedy available to the petitioner under the provisions of the Chhattisgarh Panchayat (Appeal and Revision) Rules, 1995. Hence, for this reason the present petition is not maintainable, which may be dismissed and disposed off.