MANRAKHAN DEWANGAN Vs. STATE OF CHHATTISGARH AND OTHERS

JUDGEMENT

(1.) This writ petition is directed against the order dated 25.7.2017 (Annexure P/1) passed by the State Government affirming the order dated 10.1.2017 (Annexure P/4) by which the petitioner was removed from the post of Councillor and further disqualified him from participating in the election on the post of Councillor.

(2.) Brief facts necessary for disposal of this writ petition are as under:- 2. 1 The petitioner was served with a notice that being an elected Councillor of Nagar Panchayat, Khairagarh, he appeared as an Advocate (Counsel) in Appeal Case No. 6206B/121/2014-15 (Smt. Jyoti Bhondekar v. Ku. Bhishm Kumari Bhondekar and others) before the Sub Divisional Officer (Revenue), Khairagarh, thereby he has suffered disqualification under Section 41(2) of the Chhattisgarh Municipalities Act, 1961 (hereinafter called as 'Act of 1961'). The petitioner filed his reply opposing the show-cause notice and stated that he has acted strictly in accordance with law and has not suffered any such disqualification. 2. 2 The Additional Collector, Rajnandgaon by order dated 10.1.2017 (Annexure P/4) directed his removal and also held him disqualified to become a Councillor of Municipal Council or Nagar Panchayat for next term of five years. 2. 3 Feeling aggrieved against the order dated 10.1.2017 he preferred an appeal before the State Government under Section 41(4) of the Act of 1961. By the impugned order, the State Government has dismissed his appeal finding no merit. Questioning the same, this writ petition under Article 226 of the Constitution of India has been filed by the petitioner herein.

(3.) Mr.C.K.Kesharwani, learned counsel appearing for the petitioner, would submit that order passed by the Additional Collector as affirmed by the State Government is wholly perverse and contrary to the provisions contained in Section 41 (2) of the Act of 1961. He would further submit that in revenue appeal case filed before the Sub Divisional Officer (R.), Khairagarh the Municipal Council, Khairagarh was a party respondent, but the Chief Municipal Officer, Municipal Council, Khairagarh was a party respondent, therefore, Section 41 (2) of the Act of 1961 would be attracted and therefore, order passed by the Additional Collector, Rajnandgaon as affirmed by the State Government is contrary to law and deserves to be set aside.