KARUNA SARVE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the order dated 27.11.2018 passed in Writ Petition (C) No. 591 of 2018 whereby the writ petition filed by the Appellant was dismissed holding that the Presiding Officer has conducted the meeting of no confidence motion in accordance with law.

(2.) The case of the Appellant is that she was the elected Sarpanch of Gram Panchayat, Kachanda, Tahsil Navagarh, District Janjgir-Champa. The total number of Panchas in the said Gram Panchayat is 21. The Panchas of said gram panchayat had made an application before the Prescribed Authority for holding a meeting for no confidence motion against her. After going through the application submitted by the Panchas, the Prescribed Authority had fixed the meeting of no confidence motion to be held on 09.03.2017 at 12:00 noon.

(3.) Meeting took place and motion was said to be passed by majority. The Presiding Officer submitted report of passing of no confidence motion to the Prescribed Authority i.e. the Sub Divisional Officer (Revenue) and in turn who passed order. Proceeding of motion of no-confidence and order of Sub Divisional Officer (Revenue) was challenged before the Collector under Section 21(4) of the of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short 'the Adhiniyam') which was dismissed. The order of Collector was challenged before the Commissioner who allowed the revision on the basis of arguments raised before it. Order of Commissioner was challenged by the Respondents herein in writ petition which was allowed and order passing of no-confidence motion with majority was upheld.