GULAB BAI MAITRI W/O JAGESHWAR MAITRI Vs. STATE OF CHHATTISGARH THROUGH SECRETARY PANCHAYAT RURAL DEVELOPMENT DEPARTMENT GOVERMENT OF CHHATTISGARH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Appellant filed a writ application since by a vote of no confidence, she was removed from the post of Sarpanch of Gram Panchayat, Thakurpali, Janpad Panchayat, Dabhra. A meeting was convened on the motion of no confidence moved by 15 members of the Gram Panchayat on 31.01.2018, after verification of the membership and signatures of the signatories by the Sub Divisional Officer (Revenue). The meeting did take place on 31.01.2018 at the scheduled time and the motion of no confidence got carried by majority, since 12 out of 16 members present, voted in favour of the motion of no confidence and 4 voted against the motion.

(3.) Against the decision of the august house, she preferred an application under Section 21(4) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 before the Collector, Janjgir-Champa. She levelled various allegations in the manner in which the vote of no confidence was carried including the way the meeting itself was convened. However, the primary thrust of the argument was focused on the vote casted by one of the Panchayat member namely Bhojkunwar Maitri. It was alleged that she was allowed help of a companion/assistant to cast her vote which violated the secrecy of the vote and therefore, her vote should not be counted. If the objection in relation to her voting is sustained, the vote of no confidence fails.