MEENA KHUNTE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard Mr. Roop Nayak, learned counsel for the appellant. Also heard Mr. Gagan Tiwari, learned Government Advocate appearing for Respondents No.1 to 4/State and Mr. S.I. Ali, learned counsel appearing for the respondent No.6.

(2.) The appellant has filed this writ appeal against the order dtd. 9/11/2023 passed by the learned Single Judge in WPC No.4716 of 2023, by which the learned Single Judge has disposed of the writ petition filed by the appellant / writ petitioner.

(3.) Brief facts necessary for the disposal of the appeal are that the appellant is elected Sarpanch of Gram Panchayat Khudubhatha, Tahsil Sarangarh, District Sarangarh-Bilaigarh (C.G.). The appellant is discharging her duty very honestly and sincerely as per provision of Panchayat Raj Adhiniyam and also as per direction of higher authorities. Respondents No. 6 to 9 filed complaints on 9/3/2022 and 5/4/2022 before respondent No. 5 against the appellant that she is misusing her post of Sarpanch and committed negligence that she is using JCB Machine for construction new pond and changed the place of pond without resolution of Gram Panchayat, prepared forged muster roll and also alleged several allegations and also they made complaint before the respondent No. 4. Respondent No. 4 directed respondent No. 5 to make an enquiry into the complaint. Respondent No. 5 enquired the case through his subordinate employee. The enquiry was produced before respondent No. 5 and respondent No. 5 submitted enquiry report before respondent No. 4. Respondent No. 4 (S.D.O. (Revenue), Sarangarh and Prescribed Officer (Panchayat) Sarangarh registered case. On 28/2/2023 respondent no. 4 had passed order whereby the appellant has been founded guilty and thereafter she was removed from her post of Sarpanch under Sec. 40(1) of C.G. Panchayat Raj Adhiniyam, 1993 and disqualified for a period of six years to be elected. The appellant had filed appeal under Sec. 91 of C.G. Panchayat Raj Adhiniyam, 1993 before respondent No. 3 (Collector) against the order dtd. 28/2/2023 passed by the respondent No. 4 (S.D.O. (Revenue) Sarangarh whereby the appellant has been removed from post of Sarpanch under Sec. 40 of C.G. Panchayat Raj Adhiniyam, 1993 and disqualified for a period of six years to be elected, which has been registered as Appeal.