JAI PRAKASH TIWARI vs STATE OF CHHATTISGARH

Heard.

Petitioner Jai Prakash Tiwari is the Up Sarpanch of Gram Panchayat Pendarwa (N), Block Bilha, Tahsil and District Bilaspur, with whom,

petitioner No.2 Sanjay Tiwari has joined hands to prefer this PIL against the same Gram Panchayat, of which, petitioner No.1 is the Up Sarpanch,

alleging that the Sarpanch of the Gram Panchayat is involved in illegal mining of sand.

At the very inception, when petitioner No.1 happens to be the Up Sarpanch of the Gram Panchayat, it is his obligation under the C.G. Panchayat

Raj Adhiniyam, 1993 (in short “the Adhiniyamâ€) to bring it to the notice of the House i.e. Gram Panchayat, if according to him, the Sarpanch is

involved in illegal mining of sand. Secondly, petitioner No.1 may move the authorities under the Adhiniyam raising complaint about the illegal mining

and thirdly, he may also move appropriate proceedings under Section 39 or 40 of the Adhiniyam instead of rushing to this Court by preferring PIL.

Let the petitioners explore the other avenues as indicated above.

Accordingly, the WP(PIL) is disposed of.