Prateek Dewangan vs State Of Chhattisgarh

The challenge in the present writ petition is to the impugned notice dated 23.01.2023 & notice dated 25.01.2023 passed by respondent no.2.

Vide the impugned notice the respondents have called upon to have no confidence motion against the petitioner on 03.02.2023.

Primarily the challenge in the said notice is alleging non compliance of the procedure that is prescribed under Section 3(2) of The Chhattisgarh Panchayat(Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janapad Panchayat Tatha Zila Panchayat Ke President Tatha Vice-President Ke Virudh Avishwas Prastav) Niyam, 1994.

Contention of the petitioner is that from the available records there does not seem to be any endorsement made by the Sub Divisional Officer in the receipt of the representation from the other Panches so far as time and date of receipt of the compliant by the Panches. The other contention of the learned counsel for the petitioner is that there does not seem to be any reflection of any subjective satisfaction of respondent no.2 before proceeding with the no confidence motion.

Both these grounds raised by the petitioner may not be a substantial ground available for assailing the notice that has been issued at this juncture. As regards, non reflection of subjective satisfaction of the Sub Divisional Officer in the proceedings is concerned, this Court is of the opinion that even if it is not reflected in black and white in the note sheet all that is expected from the authority concerned is that upon receiving the representation from the Panches so far as calling for no confidence motion is concerned, it is for the SDO himself who has to have a subjective satisfaction of the complaint, as regards the genuineness of the documents etc. That upon being satisfied with the contents he can proceed further. There need not be anything in this regard in writing. Non recording of he having found the representation to be satisfactory by itself would not be a strong case calling for an interference at this juncture of the proceeding. As regards, the endorsement of date and time not reflected in the notesheet is not in any manner adversely to affect the interest of the petitioner as the petitioner would have all the opportunity available to defend himself in the no confidence proceeding that is ordered to be held on 03.02.2023.

It is expected that the respondent Authorities shall provide him a fair and reasonable opportunity to explain his conduct and to defend himself so far as allegations which have been made against him in the course of the no confidence proceedings is concerned. Mere, non reflection of the date and time of the receipt of the representation from the Panches also would not by itself vitiate the proceedings in its totality. The writ petition thus being devoid of merits stands dismissed.