AMARVATI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner is aggrieved by the order (Annexure-P/1) passed by the Collector, Balrampur-Ramanujganj dismissing her reference under Section 21(4) of the Panchayat Raj Adhiniyam, 1993 (henceforth 'the Adhiniyam'), which in turn was preferred challenging the resolution of the Gram Panchayat dated 12.3.2014 wherein the motion of no confidence was carried against the petitioner and she has been ousted from the office of Sarpanch of Gram Panchayat, Mahewa.

(2.) The concerned Gram Panchayat consists of 13 office bearers including the Sarpanch. 10 Panchas moved an application before the prescribed authority on 24.2.2014 intending to bring a motion of no confidence against the petitioner. The prescribed authority issued a notice dated 28.2.2014 (Annexure-P/5) appointing Naib Tehsildar, Wadrafnagar as Presiding Officer for convening the meeting of the Gram Panchayat for considering the motion. The meeting was convened on 12.3.2014 wherein 11 Panchas were present and all of them voted in favour of the motion. The Presiding Officer sent information to the Prescribed Authority whereupon the order (Annexure-P/2) was issued declaring that the petitioner has ceased to remain Sarpanch on and from 12.3.2014.

(3.) The petitioner preferred a reference under Section 21(4) of the Adhiniyam before the Collector. The Collector granted interim order in favour of the petitioner, however, by the impugned final order dated 30.7.2014, reference has been decided against the petitioner.