GULAB KHATRI Vs. STATE OF C G

JUDGEMENT

(1.) BY this writ petition under Articles 226/227 of the Constitution of India, the petitioner has challenged the action of the Respondent No. 2 i.e. issuance of a show cause notice bearing No. 28/Panchayat/2003-FV dated 30-6-2003 issued under section 40(1) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993.

(2.) THE petitioner's petition is that he is a member of the Zila Panchayat Durg. He belongs to a reputed family of Village-Gurur. His father Shri Hetmal Khatri was Sarpanch of the village Gurur for about 15 years. His uncle Late Shri Mishrilal Khatri was a Member of Balod Assembly Segment in the erstwhile State of Madhya Pradesh. By virtue of the family background the petitioner is having good reputation and holding public relations in Balod and its surrounding assembly segment. It is known to the Respondent No. 5 that the petitioner is having capacity to influence at least four assembly seats of the Chhattisgarh Legislative Assembly. Panchayat Elections were held in the year 2000 and the petitioner won from Gurur seat for the Zila Panchayat Durg with a thumping majority. The petitioner is a committed follower of Shri Vidhya Charan Shukl who was earlier a member of the Indian National Congress which is ruling party in the State of Chhattisgarh. The petitioner has devoted his life for oppressed and depressed cause of the society. The petitioner raised his voice to secure the life of the downtrodden and cause of the society. The petitioner is very closely related with the farmers. He conducted an agitation against the Govt, officers in the year 1999 in purchasing of paddy, and staged a Dharna to protect the interest of the poor farmers. In the year 2001 some irregularities were committed by the Govt, officers in survey of population. For this irregularity when all the peaceful process of ventilating the grievance failed to produce any fruit then the petitioner organized a mass movement and staged Dharna, and due to that agitation an enquiry was ordered and irregularities were corrected. Due to the various activities of the petitioner it is a general feeling in the ruling congress party that the petitioner can turn a great number of votes in favour of the ruling congress party in the coming Vidhansabha elections which are scheduled to be held in the month of November 2003.

(3.) THE notice dated 30-6-2003 itself states that one offence was registered against the petitioner in the year 1996; four offences were registered in the year 1999; and two offences were registered in the year 2001. It is the most humble and respectful submission of the petitioner that so far as the offence registered in the year 1999 under section 107 and 116 of the Cr.P.C. are concerned, till date the petitioner has not been served with any intimation that these offences have been registered against the petitioner. So far as the offences registered in the year 1996 and 2001 are concerned they are not the offence which are cognizable under the Panchayat Raj Adhiniyam. These offences were registered against the petitioner when he was fighting and organizing rallies to protect the interest of the downtrodden class of the society. All these rallies were related to Kisan Andolan in District - Durg. So far as the Crime No. 76/96 is concerned the conviction order was passed on 7-12-2000, the appeal against the same is pending, and the sentence has been suspended by the competent Court.