RAMCHARAN SAHUSAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner herein calls in question legality, validity and correctness of the order dated 20.7.2017 (Annexure P/6) by which respondent No.2/Additional Collector, Bilaspur has stayed the effect and operation of the resolution carrying out 'No Confidence Motion'.

(2.) Dr.N.K.Shukla, learned Senior Counsel along with Mr.Vikram Sharma, learned counsel appearing for the petitioners, would submit that once the 'No Confidence Motion' is carrying out in terms of Section 21(3) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (hereinafter called as 'Act of 1993'), it cannot be stayed by learned Additional Collector while entertaining the dispute under Section 21(4) of the Act of 1993, therefore, the impugned order deserves to be set aside.

(3.) On the other hand, learned counsel for respondent No.5 would submit that the order passed by the Additional Collector is strictly in accordance with law.