SONI AJAY BANJARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard Mr. Rajeev Shrivastava, Senior Advocate along with Mr. Jitendra Pali, learned counsel appearing for the appellant as well as Mr. Praveen Das, learned Additional Advocate General appearing for the State and Mr. R.S. Patel, learned counsel appearing for the respondent No.5.

(2.) This writ appeal, filed under Sec. 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006, is directed against the judgment and order dtd. 19/12/2025 passed by the learned Single Judge of this Court in Writ Petition (C) No. 3629 of 2025, whereby the writ petition preferred by the present appellant assailing the order dtd. 2/7/2025 passed by the State Government under Sec. 41-A of the Chhattisgarh Municipalities Act, 1961, removing her from the post of President, Municipal Council, Sarangarh, and disqualifying her from holding the said office for the next term, came to be dismissed. The appellant, who was elected as President of the Municipal Council, Sarangarh, calls in question the legality, correctness, and propriety of the said judgment of the learned Single Judge as well as the underlying action of the State Government, primarily on the grounds that the impugned action is arbitrary, violative of the statutory scheme of the Act of 1961, and results in illegal curtailment of her democratic mandate.

(3.) The facts of the case as emerges from the pleadings of the appeal are that, the appellant was elected as a Councillor of the Municipal Council, Sarangarh, in the local body elections and was thereafter elected as the President of the Municipal Council, Sarangarh, with effect from 3/1/2022. During her tenure, the affairs of the Municipal Council were administered in accordance with the provisions of the Chhattisgarh Municipalities Act, 1961, and the Rules framed thereunder.