Sakun Bai vs State Of Chhattisgarh
2022 Latest Caselaw 1335 Chatt

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                                                                         NAFR


         HIGH COURT OF CHHATTISGARH, BILASPUR
                       WP(C) No. 1358 of 2022
   Sakun Bai W/o Shri Parath Ratnakar Aged About 38 Years Up Sarpanch
   (Officiating Sarpanch), Gram Panchayat, Kesla, R/o Village Kesla, Tahsil
   Pamgarh, District Janjgir Champa Chhattisgarh.
                                                                 ---- Petitioner
                                Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Panchayat
   And Rural Development, Mahanadi Bhawan, Nawa Raipur, Atal Nagar,
   P.O. Rakhi District Raipur Chhattisgarh.
2. The Assistant Commissioner Bilaspur District Bilaspur Chhattisgarh.
3. The Collector District Janjgir Champa Chhattisgarh.
4. Sub Divisional    Officer   (R),     Pamgarh,   District   Janjgir   Champa
   Chhattisgarh.
5. Lakheshwar Prasad S/o Late Ramayan Prasad Gaadasar Aged About
   68 Years Sarpanch Panchayat Kesla, R/o Village Kesla, Tahsil
   Pamgarh, District Janjgir Champa Chhattisgarh.
6. Loknath Suryawanshi S/o Shri Radhelal Aged About 38 Years Panch
   Ward No. 01, Gram Panchayat Kesla, R/o Village Kesla, Tahsil
   Pamgarh, District Janjgir Champa Chahttisgarh.
7. Triveni Suryawanshi W/o Shri Tukuram Aged About 45 Years Panch
   Ward No. 02 Gram Panchayat Kesla, R/o Village Kesla, Tahsil Pamgarh,
   District Janjgir Champa Chhattisgarh.
8. Jodhram Suryawanshi S/o Shri Bahurik Aged About 68 Years Panch
   Ward No. 03, Gram Panchayat Kesla, R/o Village Kesla, Tahsil
   Pamgarh, District Janjgir Champa Chhattisgarh.
9. Raj Kumar Dinkar S/o Shri Lakshman Aged About 26 Years Panch Ward
   No. 04 Gram Panchayat Kesla, R/o Village Kesla, Tahsil Pamgarh,
   District Janjgir Champa Chhattisgarh.
10. Bindu Kurrey W/o Shri Satish Kurrey Aged About 29 Years Panch Ward
    No. 06 Gram Panchayat Kesla, R/o Village Kesla, Tahsil Pamgarh,
    District Janjgir Champa Chhattisgarh.
11. Bhagwati Tandon W/o Shri Santosh Kumar Aged About 41 Years Panch
    Ward No. 07, Gram Panchayat Kesla, R/o Village Kesla, Tahsil
    Pamgarh, District Janjgir Champa Chhattisgarh.
12. Kumari Bai W/o Shri Gangadhar Aged About 46 Years Panch Ward No.
    08 Gram Panchayat Kesla, R/o Village Kesla, Tahsil Pamgarh, District
    Janjgir Champa Chhattisgarh.
13. Lakeswari W/o Shri Udit Suryawanshi Aged About 50 Years Panch Ward
    No. 09 Gram Panchayat Kesla, R/o Village Kesla, Tahsil Pamgarh,
    District Janjgir Champa Chhattisgarh.
14. Ajay Kumar Joshi S/o Shri Bhaiya Lal Joshi Aged About 27 Years Panch
    Ward No. 10 Gram Panchayat Kesla, R/o Village Kesla, Tahsil Pamgarh,
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      District Janjgir Champa Chhattisgarh.
   15. Sukrita Khare W/o Shri Sanjay Khare Aged About 23 Years Panch Ward
       No. 11 Gram Panchayat Kesla, R/o Village Kesla, Tahsil Pamgarh,
       District Janjgir Champa Chhattisgarh.
   16. Sumitra Ramgopal Patel W/o Shri Ramgopal Aged About 39 Years
       Panch Ward No. 12 Gram Panchayat Kesla, R/o Village Kesla, Tahsil
       Pamgarh, District Janjgir Champa Chhattisgarh.
   17. Dev Kumar Patel S/o Shri Krishna Kumar Patel Aged About 26 Years
       Panch Ward No. 13 Gram Panchayat Kesla, R/o Village Kesla, Tahsil
       Pamgarh, District Janjgir Champa Chhattisgarh.
   18. Satrupa Kurmi W/o Shri Shiv Mangal Kurmi Aged About 54 Years Panch
       Ward No. 14 Gram Panchayat Kesla, R/o Village Kesla, Tahsil Pamgarh,
       District Janjgir Champa Chhattisgarh.
   19. Badri Prasad S/o Shri Rajaram Patel Panch Ward No. 15 Gram
       Panchayat Kesla, R/o Village Kesla, Tahsil Pamgarh, District Janjgir
       Champa Chhattisgarh.
   20. Smt. Jaishree Rajan Pathe In Charge Tahsildar , Pamgarh, Tahsil
       Pamgarh , District Janjgir Champa Chhattisgarh.
   21. Secretary Gram Panchayat Kesla, Tahsil Pamgarh , District Janjgir
       Champa Chhattisgarh.
                                                            ---- Respondents

For Petitioner : Shri Anish Tiwari, Advocate with Shri Atul Kumar Kesharwani, Advocate.

For the respondents/ State : Shri Pawan Kesharwani, P.L. For respondent No.5 : Shri Sourabh Sharma, Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

Order on Board

15.03.2022

Heard.

1. This petition has been brought challenging the impugned order dated

4.3.2022 passed by the Assistant Commissioner, Bilaspur in Revenue

Appeal No.27 of 2021-2022.

2. It is submitted by counsel for the petitioner that the impugned order is

illegal, arbitrary and unsustainable. No Confidence Motion against

respondent No.5 - Lakheshwar Prasad, Sarpanch of Gram Panchayat,

Kesla was carried in the proceeding before respondent No.4. The same

was challenged before the Collector/ respondent No.3. Respondent

No.3 passed the order dated 4.3.2022 and dismissed the petition.

Learned Additional Commissioner, Bilaspur has passed the impugned

order and granted interim relief by staying the effect and operation of No

Confidence Motion dated 26.6.2021. It is further submitted that the law

has been settled by this Court in the case of Chetan Kurre and Ors.

vs. State of Chhattisgarh and Others in W.P.(C) No. 1390 of 2016, in

which it was held that the moment motion of no confidence is carried

against Sarpanch or Up-Sarpanch, as the case may be, he ceases to

hold the office forthwith and nothing remains for the Collector to stay the

effect and operation of carrying of No Confidence Motion. This view has

been followed in the case of Govind Banjare and Ors. Vs. Smt. Gyan

Bai and Ors. in W.P.(C) No.2018 of 2019 decided on 20.6.2019,

therefore, the impugned order is not sustainable, which is liable to be

quashed.

3. Learned State counsel representing for respondents No.1 to 4 opposes

the submissions.

4. Learned counsel for respondent No.5 submits that the impugned order

is sustainable. Respondent No.5 has filed an appeal before the

Commissioner, who is a competent authority to hear the appeals and

therefore, being the Appellate Authority has the powers to grant interim

relief as prayed.

5. Reliance has been placed on the judgment of this Court in the case of

Smt. Tula Malakar vs. State of Chhattisgarh and Ors, in W.P.(C)

No.4217 of 2021, in which this Court had ordered to stay the effect and

operation of the order on no confidence motion passed by the Sub-

Divisional Officer. Hence, the petition is not maintainable.

6. Considered on the submissions. In the case of Chetan Kurre and Ors.

vs. State of Chhattisgarh and Ors. (supra), learned Single Judge has

placed reliance on the judgments of the Division Bench of Madhya

Pradesh High Court in the case of Babulal Jain vs. State of Madhya

Pradesh, reported in 1966 MPLJ 901 and in the case of Bal Krishan

Patel vs. Brijendra Patel, reported in (1985) MPLJ 332, wherein it has

been settled that after the moment of No Confidence Motion is carried,

under the provisions of law the office of the President or Vice-President,

as the case may be, becomes vacant forthwith, therefore, the said office

bearers cease to hold the office from that point of time because of

which, any order to stay the effect and operation of No Confidence

Motion, that has been carried, cannot be passed.

7. Reliance of respondent No.5 on the judgment in the case of Smt. Tula

Malakar vs. State of Chhattisgarh and Ors. (supra) will not be of

guidance in this case as the order of stay was passed by this Court in

exercise of powers vested in it under Article 226 of the Constitution of

India. The case in hand is governed under the provisions of Panchayat

Raj Adhiniyam, 1993 and as per the interpretation made in the

judgments mentioned herein-above, the effect which happens on

carrying of no confidence motion cannot be reversed by any interim

order, although, the same can be considered in appeal or revision as

provided under the law and reversed by the competent authority, but

clearly such an order cannot be based on interim basis. Therefore, I am

of this view that the impugned order is illegal. Hence, this petition is

disposed off at motion stage. The impugned order to that extent

directing to stay the effect and operation of no confidence motion which

was carried on 20.6.2021, is quashed. The appeal pending before the

learned Additional Commissioner shall continue and shall be decided on

merits of the case, without being influenced any of the observations

made in this order. It is also made clear that this Court has not made

any observation regarding the merits of the grounds on which the

appeal has been filed.

8. With the aforesaid observations, this petition is disposed off.

Sd/-

(Rajendra Chandra Singh Samant) Judge Nimmi