SANTOSH NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Appellant in this appeal has challenged the legality and sustainability of the order dtd. 7/1/2022, passed in W.P.(C) No. 4162 of 2021, whereby the learned Single Judge dismissed the writ petition, challenging the order of Appellate Authority dismissing the appeal against order of removal of the appellant from the post of Sarpanch under Sec. 40 of the Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as the "Adhiniyam, 1993").

(2.) Facts relevant for disposal of the appeal are that the appellant/petitioner was elected as Sarpanch of Gram Panchayat Sirsakhurd. Election certificate under Form- 25 was issued to him by the Returning Officer on 30/1/2020. Some villagers submitted a complaint before the District Collector, making 9 allegations therein. Copy of the complaint was also forwarded to the Chief Executive Officer, Zila Panchayat, District -Durg, Sub-Divisional Officer (Revenue) and Chief Executive Officer, Janpad Panchayat, Durg. Respondent No.3 directed respondent No.4 to submit parawise report on the complaint submitted by one elected member of Janpad Panchayat and villagers (Annexure R/ 7-1) dated 11-14/09/2020. Two members team submitted its report to respondent No.4 vide (Annexure P-5).

(3.) The Chief Executive Officer, Janpad Panchayat forwarded the preliminary enquiry report to the Sub-Divisional Officer on 6/11/2020 with a covering memo, agreeing with conclusion of enquiry team. Sub-Divisional Officer (R)/Prescribed Authority under the Adhiniyam, 1993, issued a show cause notice (Annexure P-8) to the appellant. Appellant replied to the show cause notice. Statements of both the members of the enquiry team were recorded and thereafter, the Prescribed Authority (respondent No.3) passed order of removal of the appellant from the post of Sarpanch under Sec. 40 of the Adhiniyam, 1993 and declared him ineligible for a period of six years for contesting any panchayat election. Appellant, aggrieved by the order passed by the Sub-Divisional Officer, preferred an appeal under Sec. 91 of the Adhiniyam, 1993 and Rules framed thereunder, before the Collector, Durg. The Appellate Authority dismissed the appeal vide order dtd. 23/9/2021. Appellant being aggrieved by the order of the Collector/Appellate Authority, had filed writ petition on 6/10/2021 bearing W.P.(C) No. 4162 of 2021, which also came to be dismissed vide order impugned.