Chattisgarh High Court
Smt. Sangeeta Manohar Sahu vs State Of Chhattisgarh on 10 March, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 114 of 2022
Smt. Sangeeta Manohar Sahu W/o Shri Manohar Sahu Aged About 52
Years President Janpad Panchayat, Bhatapara, District : Balodabazar-
Bhathapara, Chhattisgarh
---- Appellant
Versus
1. State of Chhattisgarh Through The Secretary, Panchayat
Department, Mantralaya, Atal Nagar, Naya Raipur, Chhattisgarh
2. The Collector, District : Balodabazar-Bhathapara, Chhattisgarh
3. The Sub-Divisional Officer (Revenue) Bhatapara, District :
Balodabazar-Bhathapara, Chhattisgarh
4. The Chief Executive Officer Janpad Panchayat Bhatapara, District :
Balodabazar-Bhathapara, Chhattisgarh
5. Surendra Yadu S/o Jhaduram Yadu, Member Janpad Member
Constituency No. 6, R/o Akaltara, Tahsil - Bhatapara, District :
Balodabazar-Bhathapara, Chhattisgarh
6. Hemant S/o Kejuram Dhruw Aged About 30 Years Janpad Member
Constituency No. 4, R/o Village- Madhuban, Tahsil- Bhatapara,
District : Balodabazar-Bhathapara, Chhattisgarh
7. Narendra Kumar Yadav S/o Chintaram Yadav Aged About 30 Years
Janpad Member Constituency No. 14, R/o Village- Gudeliya, Tahsil-
Bhatapara, District : Balodabazar-Bhathapara, Chhattisgarh
8. Rameshwar S/o Tungnath Aged About 48 Years Janpad Member
Constituency No. 5, R/o Village- Kadar, Tahsil- Bhatapara, District :
Balodabazar-Bhathapara, Chhattisgarh
9. Khilawan Prasad Chaturvedi S/o Kamta Prasad Chaturvedi Aged
About 50 Years Janpad Member Constituency No. 22, R/o Village-
Gurra, Tahsil- Bhatapara, District : Balodabazar-Bhathapara,
Chhattisgarh
10. Smt. Sumitra W/o Parmeshwar Verma Aged About 42 Years Janpad
Member Constituency No. 10, R/o Village- Kodwa, Tahsil- Bhatapara,
District : Balodabazar-Bhathapara, Chhattisgarh
11. Smt. Shailkumari W/o Shri Naresh Netam Aged About 38 Years
Janpad Member Constituency No. 8, R/o Village- Nipaniya, Tahsil-
Bhatapara, District : Balodabazar-Bhathapara, Chhattisgarh
2
12. Smt. Shakuntala W/o Ramashankar Patel Aged About 45 Years
Janpad Member Constituency No. 15, R/o Village- Karhibazar, Tahsil-
Bhatapara, District : Balodabazar-Bhathapara, Chhattisgarh
13. Smt. Pali Bai W/o Anil Diwakar Aged About 50 Years Janpad Member
Constituency No. 17, R/o Village- Borsi, Tahsil- Bhatapara, District :
Balodabazar-Bhathapara, Chhattisgarh
14. Smt. Subhadra W/o Santosh Dhruw Aged About 32 Years Janpad
Member Constituency No. 9, R/o Village- Bharatpur, Tahsil-
Bhatapara, District : Balodabazar-Bhathapara, Chhattisgarh
15. Smt. Jamuna W/o Manharan Yadu Aged About 50 Years Janpad
Member Constituency No. 11, R/o Village- Lalpur, Tahsil- Bhatapara,
District : Balodabazar-Bhathapara, Chhattisgarh
16. Narsingh Yadav S/o Baburam Yadav Aged About 42 Years Janpad
Member Constituency No. 13, R/o Village- Khaira, Tahsil- Bhatapara,
District : Balodabazar-Bhathapara, Chhattisgarh
17. Smt. Nandani W/o Avinash Aged About 22 Years Janpad Member
Constituency No. 16, R/o Village- Kosmanda, Tahsil- Bhatapara,
District : Balodabazar-Bhathapara, Chhattisgarh
18. Smt. Bhagwati W/o Santosh Lahre Aged About 26 Years Janpad
Member Constituency No. 18, R/o Village- Kalmidih, Tahsil-
Bhatapara, District : Balodabazar-Bhathapara, Chhattisgarh
19. Shri Itwari Jangde S/o Jhaduram Jangde Aged About 50 Years
Janpad Member Constituency No. 23, R/o Village- Rajadhar, Tahsil-
Bhatapara, District : Balodabazar-Bhathapara, Chhattisgarh
20. Rameshar Dhruw S/o Vishram Dhruw Aged About 40 Years Janpad
Member Constituency No. 12, R/o Village- Patan, Tahsil- Bhatapara,
District : Balodabazar-Bhathapara, Chhattisgarh
21. Smt. Santoshi Dore W/o Deepak Dore Aged About 36 Years Janpad
Member Constituency No. 25, R/o Village- Tikuliya, Tahsil-
Bhatapara, District : Balodabazar-Bhathapara, Chhattisgarh
22. Smt. Swati Verma W/o Dinesh Verma Aged About 34 Years Janpad
Member Constituency No. 20, R/o Village- Maldi, Tahsil- Bhatapara,
District : Balodabazar-Bhathapara, Chhattisgarh
23. Smt. Parvati Yadav W/o Rajendra Yadav Aged About 29 Years
Janpad Member Constituency No. 21, R/o Village- Mirgi, Tahsil-
Bhatapara, District : Balodabazar-Bhathapara, Chhattisgarh
---- Respondents
(Cause-title taken from Case Information System)
__________________________________________________________
For Appellant : Mr. Raghvendra Pradhan, Advocate
For Respondent Nos. 1 to 4 : Mr. R.M. Solapurkar, Government Advocate
For Respondent Nos.5 to 23 : Mr. Sanjay Agrawal, Advocate
___________________________________________________________
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Shri Gautam Chourdiya, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
10.03.2022
Heard Mr. Raghvendra Pradhan, learned counsel for the appellant.
Also heard Mr. R.M. Solapurkar, learned Government Advocate, appearing
for respondent Nos. 1 to 4 and Mr. Sanjay Agrawal, learned counsel,
appearing for respondent Nos. 5 to 23.
2. This appeal is directed against an order dated 28.02.2022 passed by
the learned Single Judge in WP(C) No. 1083 of 2022.
3. The respondent Nos. 5 to 23, who are the members of Janpad
Panchayat, had brought a no confidence motion dated 08.02.2022 against
the appellant, who is the president of the Janpad Panchayat. The writ
petition was filed by the appellant contending violation of Rule 3 of the
Chhattisgarh Panchayat (Gram Panchayat Ke Sarpanch Thatha Up-
Sarpanch, Janpad Panchayat Thatha Zila Panchayat ke President Thatha
Vice-President Ke Virudh Avishwas Prastav) Niyam, 1994 (for short, 'Rules
of 1994'). Amongst others, it was contended that the prescribed authority
did not satisfy himself about the admissibility of the notice of no confidence
motion issued by respondent Nos. 5 to 23 and that the prescribed authority
did not call the meeting within a period of 15 days from the date of receipt
of the notice.
4. Mr. Pradhan has submitted that the learned Single Judge did not
advert to the stipulation of fixing the date for meeting of the Janpad
Panchayat within a period of 15 days from the date of receipt of the notice,
as required under Rule 3 of the Rules of 1994. It is further submitted that
the learned Single Judge erroneously held that the proceeding would not
get vitiated only because of the fact that the prescribed authority, namely,
the Collector, asked the Chief Executive Officer of the Janpad Panchayat to
get the notice scrutinized instead of doing it himself. Mr. Pradhan further
submits that meeting for holding the no confidence motion is now fixed on
11.03.2022 by the Collector.
5. At this juncture, Mr. Agrawal submits that the respondent Nos. 5 to 23
will submit a fresh no confidence motion instead of entering into the
controversy in this writ appeal proceedings as to whether the provision for
fixing the date of the meeting by the prescribed authority within a period of
15 days from the date of receipt of the notice is mandatory or not and that
the respondent Nos. 5 to 23 shall not press the no confidence notice dated
08.02.2022. He further submits that the ends of justice will be sub-served if
the Collector is also directed to fix the date of hearing within a period of 15
days from the date of receipt of notice.
6. Mr Pradhan submits that since meeting for discussing no confidence
motion had not taken place, there is no bar for the respondent Nos. 5 to 23
to again submit a fresh notice for no confidence motion. He submits that
he will have no objection to dispose of the appeal in the light of the
submission of Mr. Agrawal.
7. Mr. Solapurkar does not oppose the prayer made by Mr. Agrawal.
8. In view of the submissions made by learned counsel for the parties,
this Court has not gone into the correctness or otherwise of the order of the
learned Single Judge and has also not considered the argument advanced
by Mr. Pradhan that the meeting has to be fixed by the Collector within a
period of 15 days from the date of receipt of notice, leaving the same to be
decided in an appropriate case, if the occasion so arises. The Collector,
however, will fix the date for the meeting within 15 days from the date of
receipt of a valid notice of no confidence from the respondent Nos. 5 to 23.
9. With the above observations, writ appeal stands disposed of.
Sd/- Sd/-
(Arup Kumar Goswami) (Gautam Chourdiya)
Chief Justice Judge
Chandra
