THAKUR RAM TANDON Vs. STATE OF C G

JUDGEMENT

(1.) The petitioner is an elected President of Nagar Panchayat, Bhatgaon, District Baloda Bazar, Bhatapara. He was elected to the said post on 27.12.2009 and his five years tenure would be over on 26.12.2014. There are as many as 15 Councilors in the Bhatgaon Nagar Panchayat out of which 14 Councilors moved an application dated 14.01.2013 (Annexure R-1) to the Collector for recalling the petitioner under Section 47 of the Chhattisgarh Municipalities Act, 1961 (for short "the Act of 1961"). Though in the said application instead of using the words "recalling the President", it was styled as for moving the proposal for "No Confidence Motion", it is not disputed that the said application was in fact filed under Section 47 of the Act of 1961. Upon receiving the said application, on 16.01.2013 vide Annexure R-3 the Collector forwarded it to the Chief Municipal Officer (for short "the CMO") Nagar Panchayat, Bhatgaon. While forwarding the said application vide letter dated 16.01.2013 the Collector had asked the CMO to verify its authenticity and also the legal provisions as mentioned in Section 47(1) of the Act of 1961.

(2.) After receiving the said letter of the Collector, the CMO issued letters to all those 14 Councilors who had signed the application (Annexure R-1) and also directed them to appear before him on 23.01.2013 at 3.00 P.M. in the office.

(3.) It is said that all the Councilors verified their signatures on the application (Annexure R-1) and vide letter dated 24.01.2013 (Annexure R-5) the CMO replied to the Collector that the application (Annexure R-1) has been moved by the Councilors as per Section 47 of the Act of 1961.