DEVKUMAR JANGDE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter is heard finally. The petitioner is elected Sarpanch of Gram Panchayat Odkakan, Janpad Panchayat Bilaigarh. By the impugned order, he has been restrained from exercising the financial power till the disposal of the proceedings under Section 40 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (hereinafter called as 'the Act of 1993'), against which, this writ petition has been filed.

(2.) Learned counsel for the petitioner submits the no such power is vested with the Sub Divisional Officer (Revenue) under Section 40 of the Act of 1993 to withdraw the financial power of the petitioner/Sarpanch and, therefore, the impugned order passed by the Sub Divisional Officer (Revenue) is illegal and without the authority of law, which is liable to be dismissed.

(3.) On the other hand, learned counsel for the State would submit that on account of several complaints against the petitioner, proceeding for removal has been initiated against the petitioner and finding it expedient financial power for the time being has been withdrawn from the petitioner and, therefore, the order impugned is strictly in accordance with law.