RAJESH KUMAR Vs. STATE OF C G

JUDGEMENT

(1.) THE petitioner was elected as President of the Managing Committee of Water Users' Association, Kandel (for short 'the Association') in accordance with sub-section 5 of Section 5 of the CG. Sinchai Prabandh Me Krishkon Ki Bhagidari Adhiniyam, 2006 (for short 'Adhiniyam 2006') read with Rule 7 of the C.G. Sinchai Prabandh MeKirshkon Ki Bhaidari Niyam, 2006 (for short 'Niyam, 2006') and accordingly certificate of Annexure P-10 was issued. However, the petitioner was apprised by the Secretary of the Managing committee that he has been removed from the post of President.

(2.) THE petitioner obtained relevant documents pertaining to his removal under the Right to information Act, 2005 and the same were supplied to him vide annexures P-1 to P-9 on 1.7.2008. From bare perusal of the documents annexed with the petition, it would be evident that entire procedure followed for his removal is contrary to the provisions of the Adhiniyam, 2006 and the Niyam. 2006 framed thereunder. Entire exercise was undertaken without notice to the petitioner behind his back.

(3.) RESPONDENT No. to 3 in their return have raised preliminary objection that the petitioner has been removed by the Association, however, the association had not been arrayed as respondent and therefore, the petition is liable for dismissal. It has been further averred that since the petitioner was not taking any interest in the affairs of the Association and irrigation management, therefore, he has been removed from the post of President as per provisions of Section 14 the Adhiniyam, 2006 and the Niyam, 2006 made thereunder. The petitioner was served with the notice of 'no confidence motion' on 1.4.2008 and he was removed from the post an 3.4.2008. No return has been filed on behalf of respondent No. 4 though he was served and represented.