BHAGIRATHI NIMALKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition under Article 226/227 of the Constitution of India, the petitioner has challenged the validity of Section 21 of the Chhattisgarh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993. Originally this Act was made by Madhya Pradesh and after reorganisation of the State of Chhattisgarh it has been adopted by this State.

(2.) THE ground for challenge as contended by the learned counsel for the petitioner is that the said provision is violative of Article 14 of the Constitution of India. In this connection, learned counsel referred to para 5.18 of the petition, whereby it is hypothetically contended that the Sarpanch is elected directly whereas Panchas are elected from the Wards and these Panchas, who have been elected, do not have right to remove the Sarpanch, who has been elected from his own constituency. Section 21 of the aforesaid Act is pertinent, which reads as under :

(3.) THERE is no doubt and it is true that Sarpanch is elected directly by the voters of the Gram Panchayat but the provision of removal by no confidence by the elected Panchas cannot be said to be arbitrary or violative of Article 14 of the Constitution of India. This question came up for consideration before the Division Bench of M.P. High Court in the case of Jagdish Prasad Bhunjwa v. State of M.P. reported in . It is held therein as under :