Petitioner filed writ under Article 226 challenging removal as Sarpanch. Court held appeal under Section 91 of Chhattisgarh Panchayat Raj Adhiniyam is mandatory. Order stays removal for six weeks pending appeal.
Stayed effect and operation of removal order for six weeks; directed to prefer appeal within 15 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BILASPUR (CG.)
WRIT PETITION(C)‘NO.°(Q’Z>K5V /2014 (”I/ WRIT PETITION UNDER ARTICLE 226 CONSTITUTION OF INDIA.
/ I ....... / Jai Prakash Sahu, Aged about 42 years, S/o Ajit Ram/”‘Ea’hu, Sarpanch, Gram Panchayat Armarikhud, Past Batrei, P.S. Ranitarai, Tahsil Patan, District Durg (CG.)
PETITIONER
VERSUS
RESPONDENTS
District Durg (CG.)
- PARTICULARS OF THE PETITIONERS: ‘ As per the cause title.
PARTICULARS OF THE RESPONDENTS :
HIGH COURT OF CHHATTISGARH, BILASPUR
W.P. (C) No.2265 of 2014
PETITIONER
Jai Prakash Sahu
Versus
RESPONDENTS State of Chhattisgarh and others
Shrl San ay S Agrawal counsel for the petmoner Shrl AdhIraJ Surana Dy Govt Advocate forthe State
SINGLE BENCH :
HON’BLE SHRI PRASHANT KUMAR MISHRA, J. ORAL ORDER
(01/12/2014)
This writ petition Is directed against order passed by Sub DIVISIonal Offlcer (Revenue) Patan District Durg, whereby petltloner has been removed from the office of Sarpanoh of Gram Panchayat Armarikhud in exercise of power under Section 40 of the Chhattisgarh Panchayat Raj Adhinia‘ym, 199,3 (for’skhort, ‘Adhiniyam').
Sci/-
PrashantKumarMishra Judge
1 issue framed by the court
Whether a writ petition against removal from office of Sarpanch under Section 40 of Chhattisgarh Panchayat Raj Adhiniyam can be filed directly before the High Court violating principles of natural jus
4 provisions across 3 enactments
Jai Prakash Sahu
State of Chhattisgarh
The Collector, District Durg
The Sub Divisional Officer (Revenue), Patan
Satish Kumar Gajpai
Prashant Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
