GOPI LAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) With the consent of the parties matter heard finally at motion stage.

(2.) The challenge in the present writ petition is to the order Annexure P-1 dated 26.09.2019 passed by the Commissioner, Durg Division, District Durg in Revision Case No. 205 A-89/2018-19. Vide the said impugned order, the Commissioner has affirmed the order Annexure P-6 dated 27.07.2019 passed in Panchayat Case No. 74 /A-89/2017-18.

(3.) The facts of the case in nut shell is that the respondent No.7 was an elected Sarpanch of the Gram Panchayat, Agesara, Tahsil, Patan, District Durg. The panches of the said Gram Panchayat filed a complaint against respondent No.7 in respect of irregularities and misconduct that he had committed in the course of discharging his duties as a Sarpanch. Subsequently, motion of no confidence was put forward on 03.08.2018. The Prescribed authority took cognizance of the matter and issued notice for holding no confidence motion on 21.08.2019. The notice was duly served upon the respondent No.7 the Elected Sarpanch on 18.08.2018. The elected Sarpanch respondent No.7 participated in the no confidence motion on 21.08.2018 and motion was passed with a thumping majority of 10:1. Ten votes casted in favour of the motion and solitary one vote of respondent No.7 went against motion. One vote was declared invalid.