MANISH PARMANAND NAYAK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This writ petition has been preferred by the petitioner calling in question the meeting of no confidence by notice dated 30-6-2017 convened against the petitioner for removing him from the post of Vice President, Nagar Panchayat, Baramkela, stating that ten days' clear notice as contemplated under Section 43-A (2) (ii) of the Chhattisgarh Municipalities Act, 1961 (for short, 'the Act of 1961') has not been given, therefore, the impugned notice is unsustainable and bad in law.

(2.) Return has been filed by the State / respondents No.1 to 3 and also by respondents No.5 to 18.

(3.) Learned counsel for the petitioner would submit that the impugned no confidence motion dated 10-7-2017 has been passed by the Nagar Panchayat, Baramkela, District Raigarh against the petitioner. He would further submit that under Section 43-A(2)(ii) of the Act of 1961, notice of no confidence motion against the post of Vice President of Nagar Panchayat must be given ten days before the date of meeting and, thereafter, no confidence motion should be passed. But in the instant case, notice was issued on 30-6-2017 and meeting of no confidence motion was held on 10-7-2017, which is contrary to Section 43-A(2)(ii) of the Act of 1961 and in teeth of the decision rendered by the Supreme Court in the matter of Pioneer Motors Ltd. v. Municipal Council, Nagercoil, 1967 AIR(SC) 684 as well as in the matter of Jai Charan Lal Anal v. State of U.P. and others, 1968 AIR(SC) 5. He would also submit that the word 'clear' has been used by the Legislature in clause (ii) of sub-section (2) of Section 43 of the Act of 1961, whereas in 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, the word 'clear' is absent and therefore, the decision in the matter of Smt. Bhulin Dewangan v. State of M.P. and others, 2001 2 MPLJ 372 would not be applicable in the present case.