DHAMENDRA RATTRE Vs. STATE OF CHHATTISGARH AND ORS.

JUDGEMENT

(1.) THE petitioner is challenging the order passed by the Collector, Kabirdham vide Annexure -P/1 dismissing his reference application under Section 21(4) of the CG Panchayat Raj Adhiniyam, 1993 (for short 'the Act'), which in turn was preferred to challenge the resolution of the Gram Panchayat dated 4.5.2013 passed by the Gram Panchayat to remove the petitioner as a consequence of motion of no confidence being carried against him.

(2.) THE petitioner is elected Sarpanch of village Panchayat Majgaon, District Kawardha. Some of the Panchas of the said Gram Panchayat moved the motion of no confidence on 12.4.2013 presenting the same before the prescribed authority. The said prescribed authority issued notice to the petitioner and other office bearers/members of the Panchayat on 27.4.2013 informing that a meeting to consider motion of no confidence shall take place at 12 noon on 4.5.2013. On the said date, 9 Panchas voted in favour of the motion, 2 members voted against the motion and 1 vote was declared invalid. Since the required number of members of the Panchayat had supported the motion, the same was declared carried and the petitioner stood unseated from the office. His application under Section 21(4) of the Act has also been rejected by the Collector. The petitioner thereafter preferred a revision application, which was dismissed as not maintainable.

(3.) NONE appeared for respondents 4 to 14 despite service of notice, whereas learned State counsel has supported the impugned order passed by the Collector.