GORE LAL YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner is elected Sarpanch of Gram Panchayat Gidhpuri. Against him, the motion of no confidence was moved before the Sub Divisional Officer (Revenue), Baloda Bazaar and by order dated 11-7-2017, the Sub Divisional Officer (Revenue) fixed the meeting of no confidence motion on 26-7-2017 and appointed Tahsildar, Sandi as Presiding Officer, but before the meeting of no confidence could be held, on 25-7-2017, the Sub Divisional Officer (Revenue) adjourned the date of hearing for 10-8-2017. Questioning the order/notice dated 25-7-2017 adjourning the date of hearing of no confidence to 10-8-2017, this writ petition has been preferred on the ground that there is violation of Rule 3(3) of the Chhattisgarh Panchayat (Gram Panchayat Ke Sarpanch Tatha Up Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice President Ke Virudh Avishwas Prastav) Niyam, 1994 and therefore, as it is beyond 15 days, it is liable to be set aside.

(2.) On instructions, learned State counsel would submit that the meeting was convened on 26-7-2017, but the Presiding Officer fell ill and, therefore, the meeting has been adjourned for 10-8-2017 and as such, it is adjourned date of hearing and therefore, the notice dated 25-7-2017 is strictly in accordance with law and no interference is required.

(3.) I have heard learned counsel for the parties.