SITARAM GEDEKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioner is the directly elected President of Nagar Panchayat Nawagarh, whereas, respondent Nos. 6 to 17 are the elected Councillors. The strength of the Nagar Panchayat is 15.

(2.) ON 11-7-2007 respondent No. 11-Shri Jahid Beg moved an application (Annexure P-2) before respondent No. 2-Collector, Durg for recalling the petitioner from the post of President, Nagar Panchayat, Nawagarh claiming that 11 Other Councillors have also signed the application for recalling the petitioner. Respondent No. 3-Deputy Collector vide memo of Annexure P-3 summoned all the Councillors, who had signed the application of Annexure P-2 on 13-7-2007 in his office.

(3.) LEARNED Counsel for the petitioner submits that the Collector while exercising power under Section 47 (2) of the Act was duty bound to verify the genuineness of the proposal, i.e., it was duly signed by not less than 3/4th Councillors of Nagar Panchayat and only thereafter he could have recorded his satisfaction and forwarded the proposal to the State Government. He had no power to direct the Deputy Collector or any other authority for the purpose of verification of the proposal. The Deputy Collector issued notice to the Councillors summoning them to remain present before him for verification and the Chief Municipal Officer of Nagar Panchayat, Nawagarh has clearly stated in his return that he had verified each of the Councillors before the Deputy Collector. Thus, from the above it is clear that whole exercise of verification was in fact done by the Deputy Collector in presence of the Chief Municipal Officer and the same has not been done by the Collector. It was further argued that act of recall under Section 47 (2) of the Act has penal consequences and therefore, the same has to be construed strictly.