KHUDIRAM MUNDA Vs. STATE OF ODISHA
HIGH COURT OF ORISSA
STATE OF ODISHA
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D.Dash, J. -
(1.) D.Dash,J. The Petitioner, by filing this writ application, has assailed the decision of the Sub-Collector, Champua (Opposite Party no.2) in convening a special meeting of the Jajaposi Grama Panchayat to consider the no confidence motion against him, who is the elected Sarpanch of said Grama Panchayat under Champua Sub-division in the district of Keonjhar followed by issuance of notice under Annexure-1 series.
(2.) The Petitioner is the elected Sarpanch of Jajaposi Grama Panchayat and has been in the office and discharging his duties as such since his assumption of the charge of the office after the election.
When the matter stood thus, the Sub-Collector, Champua (opposite party no.2), by notice No.6718 dated 06.11.2019, convened the special meeting of the Grama Panchayat on 26.11.2019 for consideration of the no confidence motion against the Petitioner in the Panchayat office as under Annexure-1. The challenge here is to the said decision in convening the meeting for record of the no confidence motion against the petitioner followed by issuance of the notice as at Annexure-1.
(3.) The Jajaposi Grama Panchayat comprising of 11 Wards and has thus 11 members plus the Sarpanch. The two contentions raised in this application challenging the decision of the Opposite Party no.2 by issuance of notice under Annexure-1 pursuant to the so-called requisition dated 24.10.2019 said to have been given by 10 Ward Members are that (i) the provision under section 24 of the Odisha Grama Panchayat Act, 1964 (hereinafter, referred to as 'the OGP Act') is violative of constitutional provisions as contained in Chapter IX of the Constitution of India; and (ii) the decision followed by the notice is not in conformity with the mandatory provision contained in section 24 of the O.G.P. Act.;
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