1 2026:CGHC:23514 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2687 of 2026 • Fuleshwari Banjare W/o Shri Dhannulal Banjare Aged About 40 Years Sarpanch, Village Turma, R/o Village Turama, Post Datan (Khaira) Tahsil Lavan, Distt. Balodabazar-Bhatapara (C.G.) ... Petitioner versus 1. State Of Chhattisgarh Through Secretary, Panchayat Department, Mantralaya, New Raipur Distt. Raipur (C.G.) 2. The Collector Balodabazar Distt. Balodabazar-Bhatapara (C.G.) 3. Sub Divisional Officer (R) Cum Specified Officer Balodabazar Distt. Balodabazar-Bhatapara (C.G.) 4. Chief Executive Officer Janpad Panchayat Turma, Block Balodabazar Distt. Balodabazar-Bhatapara (C.G.) 5. Tahsildar Village Lavan, Balodabazar Distt. Balodabazar-Bhatapara (C.G.) 6. Varsha Tondan W/o Manaram Tondan Aged About 36 Years R/o Village Turma, Janpad Panchayat Balodabazar Distt. Balodabazar- Bhatapara (C.G.) 7. Lilavati Sahu W/o Rajesh Sahu Aged About 28 Years R/o Village Turma, Janpad Panchayat Balodabazar Distt. Balodabazar- Bhatapara (C.G.) 8. Mankumari Sahu W/o Dhaneshwar Sahu Aged About 40 Years R/o Village Turma, Janpad Panchayat Balodabazar Distt. Balodabazar- Bhatapara (C.G.) 9. Balmukund Sahu S/o Narrotam Prasad Sahu Aged About 57 Years R/o Village Turma, Janpad Panchayat Balodabazar Distt. Balodabazar-Bhatapara (C.G.) 10. Utter Kumar Tondan S/o Ram Singh Tondan Aged About 58 Years R/o Village Turma, Janpad Panchayat Balodabazar Distt. Balodabazar-Bhatapara (C.G.) MANISH YADAV Digitally signed by MANISH YADAV Date: 2026.05.29 17:18:34 +0530 2 11. Neera Paikara W/o Mukesh Kumar Paikara Aged About 23 Years R/o Village Turma, Janpad Panchayat Balodabazar Distt. Balodabazar- Bhatapara (C.G.) 12. Vinod Kumar Sahu S/o Punamchand Sahu Aged About 30 Years R/o Village Turma, Janpad Panchayat Balodabazar Distt. Balodabazar- Bhatapara (C.G.) 13. Shivkumari Prajapati W/o Khikhram Prajapati Aged About 39 Years R/o Village Turma, Janpad Panchayat Balodabazar Distt. Balodabazar-Bhatapara (C.G.) 14. David Kumar Prajapati S/o Sunderlal Prajapati Aged About 31 Years R/o Village Turma, Janpad Panchayat Balodabazar Distt. Balodabazar-Bhatapara (C.G.) ... Respondent(s) For Petitioner : Mr. Yogesh Kumar Chandra, Advocate For State : Mr. Vinay Pandey, Dy. Advocate General For Caveator : Mr. Sunil Sahu, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 29.05.2026 1. The petitioner has filed this writ petition under Article 226 of the Constitution of India for quashment of the entire proceedings initiated on 15.05.2026 against her by the respondent No. 2 regarding no-confidence motion, which is against the provisions of Rule 3 sub-Rule 3 of Section 21 of the Panchyat Raj Adhiniyam. 2. Learned counsel for the petitioner would submit that 7 days proper notice has not been served to her as though the notice was issued on 20.05.2026, but the same has been received on 24.05.2026 by the petitioner and the no-confidence motion has been scheduled to 29.05.2026 i.e. for today, as such, the petitioner did not get 7 days notice as per the provisions of the The Panchayt Raj Adhiniyam. 3. On the other hand, learned Dy. Advocate General for the State and learned counsel for the caveator vehemently would object the 3 submission and submit that before conducting the said motion of no-confidence, proper notice of 7 days has been given, as the notice was issued on 20.05.2026 and the no-confidence motion has been scheduled on 29.05.2026, therefore, contention made by the learned counsel for the petitioner cannot be considered. 4. This Court has directed the State to place on record to whom the notice has been dispatched. 5. From perusal of the dispatch register produced by the learned Dy. Advocate General, it is quite vivid that the notice was issued to the Chief Executive Officer Janpad Panchayat, Balodabazar for service of notice on 20.05.2026 as per practice followed under the Panchayat Raj Adhiniyam who in turn has to serve the notice to the petitioner who in the present case has received the notice on 24.05.2026 and the no-confidence motion is to be conducted on 29.05.2026. Thus, Prima-facie it cannot be said that within 7 days the notice has been given to the petitioner. 6. The submission of the learned counsel for the respondent that 7 days notice is required to be completed for the purpose of receipt of notice from the date it has been dispatched. This submission deserves to be rejected as the rules mandates 7 days notice from the date it has been dispatched, but this 7 days has to be counted from the date when Janpad Panchayat has dispatched the notice as it is the ultimate dispatcher of the notice issued by the Sub- Divisional Officer for conducting the no-confidence motion and the dispatch register shown by the State does not reflect that the said notice has been dispatched on 20.05.2026 to the petitioner, 4 therefore, the no-confidence motion directed to be kept in abeyance for two days and shall take place only after 7 days of the notice i.e. on or after 31.05.2026. 7. The petitioner is directed to cooperate on the no-confidence motion and be ready with all the records available to her and in turn the Sub-Divisional Officer shall examine the same in accordance with law. 8. With aforesaid observation and direction, the writ petition is disposed of. Sd/- (Narendra Kumar Vyas) Judge Manish