SATYA GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Also heard Mr. Jitendra Pali, learned Deputy Advocate General, appearing for respondent Nos.1 and 2, Dr. Sudeep Agrawal, learned counsel, appearing for respondent No.3 and Mr. Anish Tiwari, learned counsel, appearing for respondent No.4.

(2.) This writ appeal is presented against an order dtd. 28/5/2022 passed by the learned Single Judge, dismissing the writ petition being WP(C) No. 2408 of 2022.

(3.) Facts, as presented in the writ petition, inter alia, are that the petitioner was declared elected as a Councilor of Ward No. 14 of Municipal Council, Rahod. Thereafter, the elected Councilors elected her as the President of the Municipal Council, Rahod. Though she had facilitated various works being sanctioned by the Government of Chhattisgarh, the respondent No.4, who is the vice-chairman of the Municipal Council, because of jealousy and ill will, had filed a requisition of no-confidence motion before the respondent No.2 i.e., the Collector, District - Janjgir-Champa, on vague charges of not fulfilling their illegal demands. The petitioner had filed an application for rejection of requisition of the no-confidence motion and that Dayashankar Gond, Councilor of Ward No.1 had informed her that his signature was obtained by fraud in the requisition dtd. 19/5/2022. It is pleaded in the writ petition that no opportunity of hearing was provided to the petitioner before taking any action on the request for holding the no-confidence motion. It is also alleged that the respondent No.2 had not ensured the authenticity of the signatures of the Councilors.