BAISAKHU BARETH Vs. STATE OF CHHATTISGARH AND OTHERS

JUDGEMENT

(1.) Smt. Pooja Rathor respondent No. 4 herein was elected as Sarpanch of Gram Panchayat, Sioni on 01.02.2004. The petitioner and other Panchas moved a motion of no confidence against her to the Competent Authority. The said motion was tabled, discussed and carried out against her on 15.06.2016. The said respondent No.4 challenged the validity of motion carried out under sub-section (1) of Section 21 of Chhattisgarh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter called as "Act of 1993") by raising dispute before the Collector on 29.06.2016 under Section 21(4) of the Act of 1993.

(2.) The Collector by its order, dated 24.03.2017 allowed the dispute and set aside the motion of no confidence passed against respondent No. 4 finding that no confidence motion was not carried out in accordance with provisions contained in Section 21(1) of the Act of 1993. The petitioner herein laid challenge before the Additional Commissioner to the order passed by the Collector, but he remained unsuccessful and has filed this writ petition under Article 226 of the Constitution of India questioning the order passed by the learned Collector and learned Commissioner.

(3.) Mr. Manoj Paranjape learned counsel appearing for the petitioner would submit as under:-