Chattisgarh High Court
Firoz Khan vs State Of Chhattisgarh on 4 April, 2022
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 1554 of 2022
1. Firoz Khan S/o Halim Khan, Aged About 44 Years R/o. Ward No. 12,
Nagar Panchayat Pandatarai, Tahsil Pandariya, District Kabirdham
(Chhattisgarh), District : Kawardha (Kabirdham), Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Urban Administration
Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur,
District Raipur Chhattisgarh, District : Raipur, Chhattisgarh
1. Collector/ Prescribed Officer, Kawardha, District Kabirdham
(Chhattisgarh), District : Kawardha (Kabirdham), Chhattisgarh
3. Nagar Panchayat Pandatarai, Through Its Chief Municipal Officer,
Pandatarai, District Kabirdham (Chhattisgarh), District : Kawardha
(Kabirdham), Chhattisgarh
4. Santosh Gendre S/o Tilak Gendre, Aged About 41 Years Councilor Of
Ward No. 04, Nagar Panchayat, Pandatarai, R/o Pandatarai, Tahsil
Pandariya, District Kabirdham Chhattisgarh, District : Kawardha
(Kabirdham), Chhattisgarh
5. Saroj Jaiswal, S/o Chirounji Lal, Aged About 58 Years Councilor Of
Ward No. 06, Nagar Panchayat, Pandatarai, R/o. Ward No. 14,
Pandatarai, Tahsil Pandariya, District Kabirdham Chhattisgarh, District :
Kawardha (Kabirdham), Chhattisgarh
6. Jasbeer Singh Saluja, Aged About 41 Years Councilor Of Ward No. 11,
Pandatarai, R/o. Pandatarai, Tahsil Pandariya, District Kabirdham
Chhattisgarh, District : Kawardha (Kabirdham), Chhattisgarh
Smt. Teejan Bai Gendre, W/o Manoj Gendre, Aged About 31 Years
Councilor Of Ward No. 14, Nagar Panchayat Pandatarai, R/o. Ward No.
14, Pandatarai, Tahsil Pandariya, District Kabirdham Chhattisgarh.,
District : Kawardha (Kabirdham), Chhattisgarh
Smt. Savita Pataskar W/o Shri Dauram Pataskar, Aged About 49 Years
Councilor Of Ward No. 07, Nagar Panchayat Pandatarai, R/o
Patwapara, Pandatarai, Tahsil Pandariya, District Kabirdham
Chhattisgarh, District : Kawardha (Kabirdham), Chhattisgarh
9. Smt. Priya Gupta W/o Shri Devendra Kumar Gupta, Aged About 32
Years Councilor Of Ward No. 09, Nagar Panchayat Pandatarai, R/o.
Patwapara, Pandatarai, Tahsil Pandariya, District Kabirdham
(Chhattisgarh), District : Kawardha (Kabirdham), Chhattisgarh
---- Respondents
For the Petitioner : Mr. Raghvendra Pradhan, Advocate.
For State : Mr. Animesh Tiwari, Dy. Adv. General.
For Respondents/Caveator : Mr. Sunil Sahu, Advocate.
Hon'ble Shri Justice Rajendra Chandra Singh Samant
Order on Board
04.04.2022
1. Heard on petition and also on the application for grant of interim relief.
2. It is submitted by the counsel for the petitioner, that the proceeding for
No Confidence Motion will the initiated against the petitioner on the
basis of the requisition submitted by the private respondents. It is further
submitted that the inquiry has been conducted by the orders of the
Collector, in which, the report submitted is not against the petitioner. It is
submitted that in a similar case between Smt. Tikeshwari Sahu Vs.
State of Chhattisgarh and Ors. in W.P.(C.) No.1192 of 2022 this Court
has passed order directing to stay the No Confidence Motion against the
petitioner who was the president of the Nagar Panchayat-Gurur. The
case of the petitioner is same. It is submitted that in view of the
judgment of the Supreme Court in the case of Bir Bajrang Kumar Vs.
State of Bihar and others, reported in AIR 1987 SC 1345, there is a
direction of the Supreme Court to pass identical orders in the cases
involving the identical points.
Reliance has also been placed on the judgment of Supreme
Court in the case of Uttaranchal Road Transport Corporation and Ors.
Vs. Mansaram Nainwal, reported in AIR 2006 SC 2840. Therefore, it is
prayed that interim relief be granted to the petitioner.
3. Learned State counsel opposes the submissions made by counsel for
the petitioner It is submitted that there is no error in the proceeding
drawn by the respondent No.2, hence, the application for grant of
interim relief be dismissed.
4. Learned counsel for the Caveator opposes the submissions made by
counsel for the petitioner and submits, that the present case is totally
different from the case of Smt. Tikeshwari Sahu(supra). Further, Section
43A of the Chhattisgarh Municipalities Act, 1961, does not require to
conduct of any inquiry. It is submitted that in a similar case between
Santosh Gende and another Vs. State of Chhattisgarh and Ors. in W.P.
(C.) No.1349 of 2022 decided on 15.3.2022 this Court had issued
direction to conduct the proceeding within a time limit and present case
is also similar. In the case of Shyam Pal Tamrakar Vs. State of
Chhattisgarh and Ors. in W.P.(C.) No.1371 of 2022 this Court has
rejected the application for interim relief and same order of rejection has
been passed in the case of Dwarika Prasad Dewangan Vs. State of
Chhattisgarh and Ors., in W.P.(C.) No.180 of 2022 vide order dated
31.3.2022. therefore, the interim application be rejected.
5. In reply, it is submitted by counsel for the petitioner that this Court is
bound to follow the Supreme Court Judgment in the case of Bir Bajrang
Kumar(supra) and pass order.
6. Considered on the submissions. Decision has to be taken by the Court
on the basis of the facts and circumstances and the law applicable in
the case in hand. Section 43A of the Chhattisgarh Municipalities Act,
1961 does not provide for making any inquiry on the allegations in the
requisition letter. The basic principle for No Confidence Motion is only
this that the elected office bearer, has lost the faith and confidence of
the other elected members of the same body has to undergo the No
Confidence Motion on any such requisition filed in accordance with law.
7. On perusing the order-sheet, there is no fault to be found, therefore, I do
not find any reason to grant any order of interim relief in favor of the
petitioner, hence, the application for interim relief is rejected.
8. As the case has not been found fit for grant of interim relief, therefore,
no purpose would be served this petition is kept pending, therefore, the
same is disposed off
9. Accordingly, the petition stands disposed off.
Sd/-
(Rajendra Chandra Singh Samant)
Judge
Nisha
