Chattisgarh High Court
Jeeshan Quaraishi vs Subrato Biswas on 1 November, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Appeal No. 429 of 2022
1. Jeeshan Quaraishi S/o Shri Rasheed Quraishi Aged About 30
Years Member Of Janpad Panchayat Jagdalpur, Tahsil Jagdalpur,
District Bastar Chhattisgarh.
2. Anita Poyam W/o Shri Raju Poyam, Member Janpad Panchayat,
Jagdalpur, Tahsil Jagdalpur, Tahsil Jagdalpur, District Bastar
Chhattisgarh.
3. Ritu Padhi W/o Shri Rishikesh Padhi, Member Janpad Panchayat,
Jagdalpur, Tahsil Jagdalpur, Tahsil Jagdalpur, District Bastar
Chhattisgarh.
4. Nirmal Das W/o Shri Dhanurjay Das, Member Janpad Panchayat,
Jagdalpur, Tahsil Jagdalpur, Tahsil Jagdalpur, District Bastar
Chhattisgarh.
5. Sewti Bhardwaj W/o Shri Laxminath Bhardwaj, Member Janpad
Panchayat, Jagdalpur, Tahsil Jagdalpur, Tahsil Jagdalpur, District
Bastar Chhattisgarh.
6. Hameshwari Nag D/o Shri Ratanlal Nag, Member Janpad
Panchayat, Jagdalpur, Tahsil Jagdalpur, Tahsil Jagdalpur, District
Bastar Chhattisgarh.
7. Indira Rao W/o Shri Suryanarayan Rao, Member Janpad
Panchayat, Jagdalpur, Tahsil Jagdalpur, Tahsil Jagdalpur, District
Bastar Chhattisgarh.
8. Lakhmi Baghel, W/o Shri Katiram Baghel, Member Janpad
Panchayat, Jagdalpur, Tahsil Jagdalpur, Tahsil Jagdalpur, District
Bastar Chhattisgarh.
9. Jyoti Naidu W/o Shri M. Maheshwar Rao Naidu, Member Janpad
Panchayat, Jagdalpur, T Tahsil Jagdalpur, District Bastar
Chhattisgarh.
10. Smt. Kanakdei Rai W/o Shri Chaituram, Member Janpad
Panchayat, Jagdalpur, Tahsil Jagdalpur, District Bastar
Chhattisgarh.
11. Santoshi W/o Shri Gangaram, Member Janpad Panchayat
Jagdalpur, Tahsil Jagdalpur, District Bastar Chhattisgarh.
12. Dhansingh Baghel S/o Shri Sonsai Baghel, Member Janpad
Panchayat Jagdalpur, Tahsil Jagdalpur, District Bastar
Chhattisgarh.
13. Neeturam Baghel S/o Indradev Baghel, Member Janpad Panchayat
Jagdalpur, Tahsil Jagdalpur, District Bastar Chhattisgarh.
2
---- Appellants
Versus
1. Subrato Biswas S/o Shri Shivraj Shah Aged About 41 Years Vice
President Janpad Panchayat, Jagdalpur, District Bastar
Chhattisgarh.
2. State of Chhattisgarh Through The Secretary, Department of
Panchayat And Rural Development, Indrawati Bhawan, Mantralaya,
Atal Nagar Naya Raipur, District Raipur Chhattisgarh.
3. Collector, Jagdalpur, District Bastar Chhattisgarh.
4. Kishan Sethiya S/o Shri Jugdhar Sethiya Member Janpad
Panchayat, Jagdalpur, Tahsil Jagdalpur, District Bastar
Chhattisgarh.
5. Champa Kashyap W/o Shri Mahesh Kashyap Member Janpad
Panchayat, Jagdalpur, Tahsil Jagdalpur, District Bastar
Chhattisgarh.
6. Sukhdei Nag W/o Mansingh Nag Member Janpad Panchayat,
Jagdalpur, Tahsil Jagdalpur, District Bastar Chhattisgarh.
7. Dhenwaram Baghel S/o Budhram Baghel Member Janpad
Panchayat, Jagdalpur, Tahsil Jagdalpur, Tahsil Jagdalpur, District
Bastar Chhattisgarh.
---- Respondents
(Cause-title taken from Case Information System)
For Appellants : Mr. Awadh Tripathi, Advocate.
For Respondent No. 1 : Mr. Y.C. Sharma, Senior Advocate
alongwith Ms. Shailja Shukla, Advocate.
For Respondents No. 2 & 3 : Ms. Astha Shukla, Government Advocate.
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Shri Sanjay Agrawal, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
01.11.2022
Heard Mr. Awadh Tripathi, learned counsel for the appellants. Also
heard Mr. Y.C. Sharma, learned senior counsel, assisted by Ms. Shailja
Shukla, learned counsel, appearing for respondent No. 1/writ petitioner
and Ms. Astha Shukla, learned Government Advocate, appearing for
respondents No. 2 & 3.
2. This writ appeal is presented against an interim order dated
28.02.2022 passed by the learned Single Judge in Writ Petition (C)
No.1128 of 2022.
3. The writ petitioner is Vice-President of Janpad Panchayat,
Jagadalpur.
4. In the writ petition, as was originally filed, it was stated that on
18.02.2022, the respondent No. 2 issued a notice to the petitioner to
remain present in a meeting to be held on 28.02.2022 for holding 'no
confidence motion' against him.
5. It is pleaded that the said notice was issued in violation of Rule 3 of
the Chhattisgarh Panchayat (Gram Panchayat Ke Sarpanch tatha Up-
Sarpanch, Janpad Panchayat tatha Zila Panchayat Ke President tatha
Vice-President Ke Virudh Avishwas Prastav) Niyam, 1994 (for short, 'Rule
of 1994). It is contended that no resolution for moving a 'no confidence
motion' against the petitioner had been moved by the Janpad Panchayat
and to buttress the point, reliance was placed on a letter dated
17.02.2022 filed as Annexure P/3 in the writ petition, signed by 13
members of Janpad Panchayat. Averments are made that 4 signatures
on the said letter is forged without, however, mentioning which are the 4
signatures.
6. Relying on the contents of the Annexure P/3, the learned Single
Judge took a prima facie view that request for convening a 'no confidence
meeting' is not reflected by the contents of the said letter and accordingly,
an interim order was granted restraining the respondents not to give
effect to a resolution, even if passed on the 'no confidence motion'.
7. It is relevant to note that though the petitioner had referred to the
letter dated 17.02.2022 where there were 13 signatories, none of them
were made parties to the proceedings. Subsequently, however, by way of
amendment, they have been impleaded as party respondents.
8. Mr. Tripathi submits that the writ petitioner had taken recourse to
utter falsehood in presenting the case before this Court and had relied on
a document (Annexure P/3), which was not the letter by which 'no-
confidence' was expressed by the appellants. The 'no-confidence' was
expressed in terms of the prescribed format which the petitioner
deliberately had not brought on record in order to obtain illegal gain and
wrongful bargain. What is also significant to note according to him is that
the petitioner himself participated in the proceedings of 'no-confidence
motion' held on 28.02.2022 and the 'no-confidence motion' was passed
with 16 voting in favour of the motion and 2 against. But, because of the
interim order passed, democratic mandate is frustrated and a person who
has lost confidence is allowed to continue in the post, which cannot be
countenanced in a democratic polity. He has drawn the attention of the
Court to the resolution adopted on 28.02.2022. Accordingly, he submits
that it is a fit case for allowing this appeal, thereby vacating the interim
order passed by the learned Single Judge.
9. Mr. Sharma refutes the submissions of Mr. Tripathi and contends
that the writ petition was filed based on the materials available with the
petitioner and there was no deliberate misrepresentation. He, however,
also contends that this appeal, being an appeal against an interim order,
is not maintainable in terms of Section 2 of the Chhattisgarh High Court
(Appeal to Division Bench) Act, 2006 (for short, 'Act of 2006') and
accordingly, prays for dismissal of the appeal.
10. Mr. Sharma, however, very fairly submits that the interim order was
passed by the learned Single Judge in the second half after recess and
the meeting on 28.02.2022 had taken place at 12.00 pm, i.e., before the
interim order was passed.
11. Ms. Shukla also endorses the submissions of Mr. Sharma.
12. Mr. Tripathi, in reply submits that recourse to filing of this appeal
was taken only because of the fact that the application filed by the
appellants for vacation of the interim order on 05.03.2022, has not been
disposed of. He has submitted that application for vacation of interim
orders is also required to be disposed of expeditiously, as otherwise, an
interim order, which is obtained by suppressing material facts and by
misrepresentation, can pollute the stream of justice.
13. Section 2(1) of the Act of 2006 provides that no appeal shall lie
against an interlocutory order. Admittedly, the appeal is presented against
an interlocutory order, and therefore, stricto sensu, this appeal is not
maintainable and as such, this Court will not go into the merits of the
case as projected by the learned counsel for the parties.
14. Considering the matter in its entirety, while not entertaining this
appeal on merits, we dispose of the same by providing that the Writ
Petition (C) No. 1128 of 2022 shall be listed before the learned Single
Judge having roster on 04.11.2022 at the top of the Part-I list for the
learned Single Judge to take up the application for vacating the interim
order.
15. Bring this order to the notice of the Registrar (Judicial).
Sd/- Sd/-
(Arup Kumar Goswami) (Sanjay Agrawal)
Chief Justice Judge
Brijmohan
