LAWS(CHH)-2019-9-45

HEMLATA SAHU Vs. STATE OF CHHATTISGARH

Decided On September 19, 2019
HEMLATA SAHU Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) "Whether the decision passed under sub-section (4) of Section 21 of the Act (Chhattisgarh Panchayat Raj Adhiniyam, 1993) would be revisable as per the Chhattisgarh Panchayat (Appeal and Revision) Rules, 1995 (for short 'the Rules, 1995'), though sub section (4) of Section 21 was inserted in the year 1997 which gives the finality to such order" - is the question referred for consideration and it stands listed accordingly before the Full Bench, based on the orders passed on the administrative side.

(2.) The Petitioner, who was 'Sarpanch' of the Gram Panchayat, Birajpali, Tahsil Bagbahra, District Mahasamund and failed in the noconfidence motion held on 18.02.2019 pursuant to a notice dated 11.02.2019 issued by the Prescribed Authority i.e. the 3rd Respondent, sought to challenge the validity of the motion by filing a representation in terms of subsection (4) of Section 21 of the Act, 1993 before the 2nd Respondent. After considering the contentions raised, the said representation was rejected as per Annexure P/1 order dated 30.05.2019, which is put to challenge in the writ petition.

(3.) When the matter came up for consideration before the learned single Judge, it was contended on behalf of the Petitioner that there was no other alternate remedy for the Petitioner but to approach this Court, invoking the jurisdiction under Article 226 of the Constitution. It was also stated that Annexure P/1 order passed by the Collector under Section 21(4) of the Act, 1993 was 'final' in all respects, by virtue of the specific stipulation therein and that the said provision having been introduced in the statute pursuant to the amendment in the year 1997 as per Act of MP 2 of 1997, the remedy by way of Appeal or Revision under Section 91 of the Act, 1993, read with Section 5 of the Rules, 1995, was not to have any effect or application. Reliance was also sought to be placed on the verdict passed by a learned Single Judge of the Madhya Pradesh High Court Sukhnandan Patel v. State of Madhya Pradesh, 2003 2 JabLJ 74.