SHARDA MANIKPURI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The matter revolves around the no confidence motion that was initiated against the petitioner who was the elected Sarpanch of Gram Panchayat Jora under Janpad Panchayat Bhilaigarh, district Balodabazar-Bhatapara. The notice for no confidence motion at the first instance was issued on 13/10/2021. On the said notice, a no confidence motion meeting was ordered to be convened on 26/10/2021. However, the no confidence motion meeting could not be held on 26/10/2021 and the matter stood adjourned on a couple of occasions. The order of convening the meeting of no confidence motion on 26/10/2021 was subjected to challenge by the petitioner in WPC No. 4516/2021. The writ petition came up for hearing on 11/11/2021. This Court while issuing notice to the respondents in the said writ petition had stayed the no confidence motion proceeding initiated against the petitioner and at the same time the Panchs were given the liberty to move a fresh notice of no confidence motion if they so want.

(2.) From perusal of records it appears that the Panchs of the village subsequently issued a fresh notice and a fresh proceeding was initiated. A fresh application was filed on 29/1/2022 upon which the respondent authorities took cognizance and ordered for issuance of notice and further ordered to hold no confidence motion meeting on 5/2/2022. According to the counsel for petitioner, there is no further date given by the respondent authorities for holding of the meeting.

(3.) The instant writ petition was filed on 3/2/2022 i.e. before the date of no confidence motion meeting that was ordered to be held on 5/2/2022. However, the matter has come up for hearing today. Today, when the matter is taken up for hearing, learned counsel for the parties submit that the no confidence motion meeting to be held on 5/2/2022 did not materialize as the Presiding Officer had gone on leave.