Disposed¶21

Ashok Sen v. Parakh Ram Parganiha

Chhattisgarh HC1 Feb 2024WPC/158/2024

Case brief

AI extract

What is this about?

Chhattisgarh HC WPC 158/2024 (decided 02.02.2024, Justice Rakesh Mohan Pandey): no-confidence motion against Sarpanch, Gram Panchayat Akoli, District Bemetara (22.06.2023); dispute under Section 21(4) CG Panchayat Raj Adhiniyam dismissed by Collector (order dated 21.09.2023); substituted Sarpanch appointed 06.07.2023; appeal No. 12A-89 Year 23-24 pending before Divisional Commissioner, Durg since 30.11.2023 with stay; writ disposed with direction for expeditious disposal of appeal within 45 days, without commenting on merits.

What did the court decide?

Direction to respondent No. 2/Divisional Commissioner, Durg to decide pending Appeal No. 12A-89 Year 23-24 preferably within 45 days from the date of receipt of a copy of the order. ¶21

Ashok Sen Vs Parakh Ram Parganiha — Chhattisgarh HC (2024) — LawSathi Research

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Writ Petition (C) No. 158 of 2024

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Ashok Sen, S/o Dukhu Sen, Aged about 40 years, R/o Village- Akoli, Gram Panchayat- Akoli, Tehsil- Bhimbhauri, Police Station Kandarka, District Bemetara, Chhattisgarh ( Incumbent Caretaker Sarparch )

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Tikamchand Deshlahre, S/o Premlal, Aged about 42 years, R/o VillageKota, Gram Panchayat- Akoli, Tehsil- Bhimbhauri, Police Station Kandarka, District Bemetara, Chhattisgarh ( Panch )

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Narayan, S/o Kamta, Aged about 47 years, R/o Village- Akoli, Gram Panchayat- Akoli, Tehsil- Bhimbhauri, Police Station- Kandarka, DistrictBemetara, Chhattisgarh ( Panch )

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---- Petitioners

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Versus

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Parakh Ram Parganiha, S/o Modar Lal Parganiha, Aged about 31 years, R/o Village Kota, Gram Panchayat- Akoli, Tehsil Bhimbhauri, Police StationKandarka, District Bemetara, Chhattisgarh

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The Divisional Commissioner, Durg, Durg Division, Chhattisgarh

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---- Respondents

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For Petitioners : Mr. Hemant Kumar Agrawal, Advocate For State : Mr. Keshav Prasad Gupta, Deputy Advocate General

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Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board

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02.02.2024

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Learned counsel for the petitioners would submit that the motion of no confidence was passed against respondent No.1-Sarpanch of Gram Panchayat Akoli, Tehsil Berla, District Bemetara on 22.06.2023 by majority. Thereafter, a dispute was raised as per Section 21(4) of the CG. Panchayat Raj Adhiniyam before the Collector which was dismissed vide order dated 21.09.2023, meanwhile the petitioner was appointed as substituted Sarpanch on 06.07.2023. He would further argue that against the order of Collector dated 21.09.2023, respondent No. 1 preferred an appeal before the Divisional Commissioner on 30.11.2023 and on the same date, an application moved by respondent No. 1 for the grant of stay was allowed. He would also submit that the appeal has been pending before the Divisional Commissioner since 30.11.2023; therefore, a direction may be issued to the

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Divisional Commissioner to decide the appeal within the stipulated time.

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On the other hand, learned counsel for the State would submit that if any appeal is pending before the Divisional Commissioner, it should be decided by the authority expeditiously.

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Taking into consideration the fact that the no-confidence motion was passed against respondent No. 1 and the dispute raised by him was dismissed by the Collector vide order dated 21.09.2023 and an appeal is pending consideration before the Divisional Commissioner since 30.11.2023 and stay is also operating in favour of respondent No.1, without commenting anything on the merits of the case, the present petition is disposed of with a direction to respondent No. 2/Divisional Commissioner, Durg to decide the pending appeal No. 12A-89 Year 23-24 preferably within a period of 45 days from the date of receipt of a copy of this order.

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With the aforesaid observation(s) and direction(s), this petition is disposed of.

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Sd/- (Rakesh Mohan Pandey) Judge

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vatti

Ashok Sen v. Parakh Ram Parganiha

Case brief

What is this about?

What did the court decide?

Ashok Sen v. Parakh Ram Parganiha

Case brief

What is this about?

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