AMRITA SAHU Vs. STATE OF ODISHA
LAWS(ORI)-2020-8-15
HIGH COURT OF ORISSA
Decided on August 31,2020

Amrita Sahu Appellant
VERSUS
STATE OF ODISHA Respondents

JUDGEMENT

MOHAMMAD RAFIQ,B.R.SARANGI,JJ. - (1.) This appeal seeks to challenge the judgment dated 06.05.2020 passed by the learned Single Judge in W.P.(C) No. 27972 of 2019, by which the writ petition filed by the appellant (petitioner in the writ petition) has been dismissed.
(2.) The factual backdrop giving rise to this appeal in brief is that the appellant-writ petitioner is the elected Chairperson of Karlamunda Panchayat Samiti in the district of Kalahandi. The appellant received the notice dated 21.12.2019 issued by the respondent No.3-Sub-Collector, Bhawanipatna, Kalahandi for convening a Special Meeting of the said Panchayat Samiti at 11.00 A.M. on 31.12.2019 to take up 'No Confidence Motion' against her (the appellant) for discussion on the basis of requisition dated 20.12.2019 under the signature of 15 members of the said Panchayat Samiti having right to vote. Karlamunda Panchayat Samiti consists of 26 members, including the present appellant, the Member of Parliament and the Member of Legislative Assembly of the area concerned.
(3.) The case of the appellant is that on 17.12.2019 a meeting of the Panchayat Samiti was convened by 15 members, who passed a resolution for initiation of No Confidence Motion against the appellant. After the resolution being passed, a requisition dated 20.12.2019 signed by 15 members of the Panchayat Samiti was submitted to the respondent No.3- Sub-Collector, Bhawanipatna, who issued the Notice dated 21.12.2019. It is this notice which the appellant assailed in the writ petition before this Court. Challenge to the said impugned notice was founded on the premise that the same was issued in gross violation of the provision of sub-section (1) of Section 46-B of the Odisha Panchayat Samiti Act, 1959 (hereinafter in short referred to as 'the Act'), mainly for two reasons, namely (i) that prior to issuance of such notice the Sub-Collector ought to have verified the genuineness or otherwise of the signatures appended on the requisition and the proposed resolution; and (ii) that the proposed resolution was not signed by the required number of members of the Panchayat Samiti having the right to vote. Learned Single Judge, while issuing notice of the Writ Petition on 24.12.2019, passed an interim order, directing that the Special Meeting of No Confidence Motion pursuant to the impugned notice may be held on 31.12.2019, but result thereof shall not be declared till the next date, which interim order continued till disposal of the writ petition.;


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