1 2025:CGHC:35759 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3869 of 2025 1 - Smt. Shanti Bharte W/o Shri Umakant Bharte Aged About 39 Years Ex- President, Municipal Council, Akaltara, District- Janjgir-Champa (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Distt.- Raipur (C.G.) 2 - Directorate Of Urban Administration And Development Through Director, Indrawati Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 3 - Joint Director Regional Office, Directorate Of Urban Administration And Development, Bilaspur Division, Bilaspur, District- Bilaspur (C.G.) 4 - Municipal Council Akaltara, Through - Chief Municipal Officer, Municipal Council Akaltara, District- Janjgir-Champa (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioner : Dr. Sudeep Agrawal, Advocate For Respondent-State : Ms. Nupur Trivedi, Advocate Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 24/07/2025 1. The present writ petition has been filed seeking following relief(s);- 10.1) That, this Hon’ble Court may kindly be pleased to issue appropriate writ for quashing the impugned show cause notice dated 03.03.2025 (Annexure P-1) as being against the spirit of Section 35-A of Chhattisgarh Municipalities Act, 1961, in the interest of justice. 10.2 This Hon’ble Court may issue appropriate Digitally signed by JYOTI JHA Date: 2025.07.25 10:51:27 +0530 2 writ/direction to the respondent authorities, especially respondent No. 1 & 2, directing them to supply each and every documents relied upon them and thereafter conclude the proceedings strictly in accordance with Section 35-A of the Chhattisgarh Municipalities Act, 1961, in the interest of justice. 10.3 That this Hon’ble Court may kindly be pleased to issue appropriate writ for quashing the impugned order dated 14.07.2025 (Annexure P-3) in the interest of justice. 10.4 Any other relief or relief(s) which this Hon’ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted. 2. The instant petition has been filed being aggrieved by the impugned show cause notice dated 03.03.2025 (Annexure P-1) issued by the State Government under Section 35-A of Chhattisgarh Municipalities Act, 1961 whereby powers have been given to the State Government to disqualify the elected representative for such period not exceeding five years as no documents along with the show cause notice have been supplied to the petitioner thereby adversely and prejudicially affecting the rights of the petitioner to defend her case and to file proper reply to the show cause notice. In this regard, a letter dated 17.03.2025 (Annexure P-2) has been written to the State Government by the petitioner requesting for supplying all the necessary documents pursuant to show cause notice dated 03.03.2025. Till date no documents have been supplied by the State Government to the petitioner. Therefore, he prays for a direction to the respondent authorities to supply each and every documents to the petitioner. 3. Learned counsel for respondents submits that in view of the limited prayer made by the learned counsel for petitioner seeking direction 3 to respondent-authorities to consider the pending letter for supplying all the necessary documents, she is having no objection to the limited prayer and if the letter dated 17.03.2025 of the petitioner is pending, it will be considered in accordance with law. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case instead of keeping this petition pending, I find it appropriate to dispose of the same at this stage directing the respondent-authorities to consider the letter dated 17.03.2025 (Annexure P/2) and thereafter to supply all the necessary documents pursuant to show cause notice dated 03.03.2025, as expeditiously as possible. After supplying of all the documents to the petitioner, and after giving appropriate opportunity of hearing to the petitioner, the respondent-authorities may proceed and conclude the proceedings strictly in accordance with Section 35-A of the Chhattisgarh Municipalities Act, 1961. 6. Till the documents are supplied to the petitioner as per letter dated 17.03.2025, no action shall be taken against the petitioner. 7. With the aforesaid direction, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti