JUDGEMENT
PARTH PRATEEM SAHU,J. -
(1.)Challenge in this appeal is to the order dated 17.12.2019 passed by the learned Single Judge rejecting application filed by
petitioner/appellant herein for grant of interim relief.
(2.)Facts of the case, in nutshell, are that appellant was elected as 'Up-Sarpanch' of Gram Panchayat Belardona. One Santosh Kumar had filed a complaint alleging that the appellant had misused his official position as 'Up Sarpanch' and received an amount of Rs.40,000/- and Rs.70,000/- against the bills which contained signature of appellant. It was also alleged that appellant had encroached upon the government land bearing Khasra No.1/1 area 3.73 acre, dug bore-well thereon and obtained electric pump connection in his name. On receipt of the complaint, the Sub Divisional Officer (R), Kurud sought report from the Chief Executive Officer and on receipt of report, the proceedings under Section 40 of the CG Panchayat Raj Adhiniyam, 1993 (for short 'the Adhiniyam, 1993') were initiated against appellant. After considering the enquiry report and reply filed by appellant, the Sub-Divisional Officer (Kurud) vide order dated 30.1.2019 removed appellant from the post of Up- Sarpanch, Gram Panchayat Belardona and declared him disqualified to contest election for a period of six years under Section 40 of the Adhiniyam, 1993. Appellant assailed the order of removal dated 30.1.2019 before the Collector, Dhamtari by filing an appeal, which came to be dismissed vide order dated 20.5.2019 against which appellant approached the Additional Commissioner, Raipur Division, Raipur which was also dismissed vide order dated 5.12.2019. Against the order of the Additional Commissioner, appellant filed writ petition along with an application for grant of interim relief.
(3.)Learned Single Judge though admitted writ petition for consideration, however, rejected application for grant of interim relief by recording that order of removal has given effect to in the month of January, 2019 itself i.e. 12 months back, and grant of interim relief at this stage would tantamount to grant of final relief itself, which cannot be granted as settled by the Supreme Court.
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