BHARTI SONKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE Petitioner is an elected Presiden of Nagar Panchayat, Gunderdehi, District Durg. THE Respondent No. 2 issued notice under SECTION 41 (A) of the Municipalities Act, 1961 (for shot, hereinafter referred to as "Act of 1961') dated 11th October, 2006 (Annexure P-1) to the Petitioner mentioning therein that on enquiry by the Dy. Director regarding complaint received against her, all the allegations of irregularies have been found to be proved and, therefore, she should show cause a to why she should not be disqualified from the post of President, Na(sic)r Panchayat, Gunderdehi.

(2.) THE above notice has been impugned by the Petitioner on the grours that:

(3.) THE show cause notice has been issued to provide reasonable opportunity of hearing to the Petitioner. Writ petition against show cause notice is not maintainable. No cause of action is available to the Petitioner to challenge the impugned show cause notice and the petition is premature. Section 41 (A) of the Act of 1961 empowers the State Government to remove an elected office bearer of Nagar Panchayat and the same is to be exercised only after affording sufficient opportunity of hearing to the elected office bearer. The objection of the Petitioner that the Under Secretary cannot issue show cause notice on behalf of the State Government is mis-conceived as the business rules of the State Government (Annexure R-2) empowers the Under Secretary to issue on behalf of the State Government.