Sanjay K. Agrawal, J. - (1.) The petitiioner is a Sarpanch of Gram Panchayat -Vindhyasar, Janpad Panchayat Takhatpur, District Bilaspur (C.G.). The Sub Divisional Officer (Revenue) proceeded against her under Section 40 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 and in the meanwhile by the impugned order dated 17.04.2017 the respondent No. 3 has restrained the petitioner from exercising financial power of sarpanch of Gram Panchayat, Vindhayasar, agains which the instant writ petition has been filed questioning the same.
(2.) Counsel for the petitioner submits the no such power is vested with the Sub Divisional Officer (Revenue) under Section 40 of the C.G. Panchayat Raj Adhiniyam, 1993 to withdraw the financial power of the petitioner/Sarpanch and, therefore, the impugned order passed by the Sub Divisional Officer (Revenue) is illegal and without the authority of law, which is liable to be dismissed.
(3.) On the other hand, learned counsel for the State would submit that on account of several complaints against the petitioner, proceeding for removal has been initiated against the petitioner and finding it expedient financial power for the time being has been withdrawn from the petitioner and, therefore, the order impugned is strictly in accordanc with law.;