KAMTA PRASAD FEKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Aggrieved by the the order Annexure P/1 dtd. 21/6/2022 passed by the respondent No.1-the State Government, the present writ petition has been filed. Vide the impugned order, the respondent No.1 while hearing the revision petition has partly allowed the revision petition.

(2.) Brief facts which led to the filing of the present writ petition is that, the respondent No.7 was an elected Sarpanch of Gram Panchayat Hirmi. The respondents No.8 to 26 were other elected Panchas of the same Gram Panchayat all of whom were elected from Panchayat Election held on 4/2/2020.

(3.) On 26/2/2021, some of the Panchas of the Gram Panchayat Hirmi moved a representation before the respondent No.4 calling for No Confidence Motion to be convened against the respondent No.7-Sarpanch. The respondent No.4 took cognizance on the said representation of the Panchas and proceeded in accordance with provisions of Sec. 21(3) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (in short, the Adhiniyam) and the Rules framed thereunder i.e. The Chhattisgarh Panchayat (Gram Panchayat Ke Sarpanch Tatha Up Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice President Ke Virudh Avishwas Prastav) Niyam, 1994 (in short, the Rules, 1994). The Prescribed Authority thereafter fixed the date for No Confidence Motion to be held on 15/3/2021. In the course, the respondent No.4 had appointed the Naib Tehsildar, Suhela to act as a Presiding Officer and ordered for issuance of notices to all the parties concerned in this regard. On 15/3/2021 as per Schedule the meeting for No Confidence Motion was held and in the voting that took place, 15 votes were in favour of No Confidence and 5 votes were against the motion. Thus, the No Confidence Motion was passed by 3/4th of the majority.