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2026 DAILYLAW 29003 (CHH)

SMT. JYOTI DHRUV v. STATE OF CHHATTISGARH

WPC/3863/2026 · 2026-07-26

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010286512026 2026:CGHC:31909 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3863 of 2026 Smt. Jyoti Dhruv W/o Late Shri Puneet Ram Dhruv Aged About 43 Years Sarpanch Gram Panchayat Gadadih, Tehsil- Patan, R/o Village- Gadadih, Tehsil- Patan, District- Durg, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, C.G. 492002. 2 - The Collector Durg, District- Durg, Chhattisgarh. 3 - Sub-Divisional Officer Patan, District- Durg, Chhattisgarh. 4 - Tehsildar (Presiding Officer) Tehsil- Patan, District- Durg, Chhattisgarh. 5 - Chief Executive Officer, Janpad Panchayat Patan, District- Durg, Chhattisgarh. 6 - The Secretary Gram Panchayat Gadadih, Block - Patan, District- Durg, Chhattisgarh. 7 - Smt. Triveni Yadu W/o Mohan Yadu Aged About 50 Years, Panch, Ward No. 1, Gram Panchayat Gadadih, Block - Patan, District- Durg, Chhattisgarh. 8 - Smt. Santoshi Chandrakar W/o Devnarayan Chandrakar Aged About 45 Years Panch, Ward No. 2, Gram Panchayat Gadadih, Block - Patan, District- Durg, SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.07.27 18:14:14 +0530 2 Chhattisgarh. 9 - Smt. Nirmala Banjare W/o Devendra Banjare Aged About 49 Years Panch, Ward No. 3, Gram Panchayat Gadadih, Block - Patan, District- Durg, Chhattisgarh. 10 - Khemlal Madhukar S/o Late Bodhiram Madhukar, Aged About 55 Years ,Panch, Ward No. 5, Gram Panchayat Gadadih, Block - Patan, District- Durg, Chhattisgarh. 11 - Smt. Chandrakala Dongre W/o Yuvraj Dongre Aged About 30 Years, Panch, Ward No. 6, Gram Panchayat Gadadih, Block - Patan, District- Durg, Chhattisgarh. 12 - Smt. Lakeshwari Yadu W/o Khileshwar Yadu, Aged About 29 Years, Panch, Ward No. 8, Gram Panchayat Gadadih, Block - Patan, District- Durg, Chhattisgarh. 13 - Akhilesh Chandrakar S/o Devnarayan Chandrakar, Aged About 35 Years, Panch, Ward No. 9, Gram Panchayat Gadadih, Block - Patan, District- Durg, Chhattisgarh. 14 - Smt. Sunita Chakradhari W/o Angad Chakradhari, Aged About 46 Years, Panch, Ward No. 10, Gram Panchayat Gadadih, Block - Patan, District- Durg, Chhattisgarh. 15 - Smt. Tileshwari Goswami W/o Shailendra Goswami Aged About 35 Years Panch, Ward No. 12, Gram Panchayat Gadadih, Block - Patan, District- Durg, Chhattisgarh. ... Respondent(s) (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Mr. Anmol Sharma, Advocate For Respondent(s) : Mr. SS Choubey, Government Advocate S B: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 27/07/2026 1. Heard. 3 2. By way of this petition, the petitioner seeks the following reliefs : 10.1 That this Hon'ble Court may kindly be please to call for records of the instant case. 10.2 That this Hon'ble Court may kindly be please to quash the proceedings of Revenue case no. 202606100600050 A/89 Year 2025-2026 conducted by Respondent No. 3 holding the entire process of no confidence motion to be illegal and void (ANNEXURE P- 1) and consequently quash the latter dated 15.07.2026 issued by Respondent no. 5 (ANNEXURE P-2) interest of justice. 10.3 That this Hon'ble Court may kindly be pleased to direct the respondent authorities to reinstate the petitioner as Sarpanch of the Gram Panchayat Gadadih and she may kindly be allowed to continue her term, in the interest of justice. 10.4 That this Hon'ble court may further be pleased to pass any other order in favor of petitioner as it may deem fit and proper under the facts and circumstances of the case with cost. 3. Learned counsel for the petitioner submits that the petitioner has been removed from the post of Sarpanch pursuant to a No Confidence Motion. Hence, this Petition has been filed. 4. Per contra, learned counsel for the State submits that this writ petition is not maintainable on account of the availability of an alternative remedy, as the petitioner can approach the concerned Collector challenging the No Confidence Motion. 5. Considering the facts and circumstances of the case, this Court deems it appropriate to grant liberty to the petitioner to file an appropriate appeal before the concerned Collector within 10 days from today against the impugned order. On such appeal being 4 filed, the concerned Collector is directed to consider and decide the same expeditiously, preferably within a period of 30 days. Ordered accordingly. 6. With the aforesaid observations/directions, the petition is finally disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay