MAHENDRA BUDEK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) WITH the consent of learned Counsel appearing for the parties, the petition is heard finally.

(2.) CHALLENGE in this petition is to the order dated 13-6-2008 passed by the Director, Panchayat, Chhattisgarh, Raipur, in Appeal Case No. 387/ A-89/06-07 (Annexure P-1) whereby appeal was allowed setting aside the order dated 5-9-2007 passed by the Collector, Mahasamund, in Case No. 100/A-89 (3)/06-07 (Annexure P-4).

(3.) BEING aggrieved, the respondent No. 4 preferred an appeal before the Director, Panchayat, Chhattisgarh, Raipur. By order dated 13-6-2008 (Annexure P-l) the Director, Panchayat, held that since the disqualification as contained in Section 36(1)(m) of the Act, 1993 was omitted by the Chhattisgarh Panchayat Raj (Amendment) Act, 2008 (for short "the Amendment Act, 2008") with effect from 23-5-2008, the disqualification of respondent No. 4 has been removed and he became entitled for holding the post of Sarpanch, Gram Panchayat Chattigirola, Tehsil Saraipali, District Mahasamund. Accordingly, the order dated 5-9-2007 passed by the Collector was set aside and the appeal filed by the respondent No. 4 was allowed. Thus, this petition.