HINA SAMAL Vs. STATE OF ODISHA
LAWS(ORI)-2020-2-51
HIGH COURT OF ORISSA
Decided on February 26,2020

Hina Samal Appellant
VERSUS
STATE OF ODISHA Respondents

JUDGEMENT

D.Dash, J. - (1.) The petitioner, by filing this writ application, has challenged the decision of the Sub-Collector, Dhenakanal (opposite party no.3) in convening the special meeting for record of no confidence against the petitioner, who is the elected Sarpanch of Khandabandha Grama Panchayat in the district of Dhenkanal followed by issuance of notice under Annexure-2.
(2.) The Petitioner is the elected Sarpanch of Khandabandha Grama Panchayat and has been in the office and discharging her duties as such since her assumption of the charge of the office after the election. When the matter stood thus, the Sub-Collector, Dhenkanal, by his letter no.6272 dated 25.10.2019 has convened the special meeting of the Grama Panchayat for being held on 14.11.2019 at 11.00 am in the Office of Grama Panchayat.
(3.) The petitioner, the elected Sarpanch of the Khandabandha Grama Panchayat against whom the motion for no confidence has been made by the required numbers of the requisitionist-members of the Grama Panchayat, has questioned the decision and the notice issued pursuant thereto under Annexure-2 as violative of clauses (a) and (c) of sub-section (2) of section 24 of the Odisha Grama Panchayat Act, 1964 (in short, "the O.G.P. Act'). The factual settings of the said challenge have been narrated at paragraphs-7 and 8 of the application. It is said that the letter/notice dated 25.10.2019 under Annexure-2, finds no mention as regards the requisition sent by 1/3rd of the total number of members of the Grama Panchayat. The other ground is that in the letter/notice dated 25.10.2019 under Annexure-2 in convening the special meeting for record of no confidence motion to be moved against the petitioner, copy of the requisition and proposed resolution had not been sent as mandated under clause-c of sub-section 2 of section 24 of the O.G.P. Act. Again, it has been said that such notice has not been received by the petitioner. These are all hinting at non-compliance of the provision as contained in clause (a) and (c) to sub-section 2 of section 24 of the O.G.P. Act For better appreciation, it is felt necessary to reproduce the exact paragraphs of the application referring to what has been summarised above. Those are:- "7.That it is respectfully submitted that the letter dated 25.10.2019 reveals that no Confidence Motion has already conveyed before the opposite party no.3 and proposed resolution has been enclosed in the notice. There is no mention of requisition sent by 1/3rd members of the Panchayat, which violates Section-24, Sub-Section 3 of Orissa Grama Panchayat Act, 1964; and 8. That it is respectfully submitted that the notice was issued on 25.10.2019 under Annexure-2 fixing the date of meeting on 14.11.2019 but the said notice has not been accompanied with the copy of the requisition and the proposed resolution. The notice has not yet been served on the petitioner. Therefore, the notice issued under Annexure2 is not as per the act which stipulates that at least 15 clear days before the date so fixed has to be given. Thus, the requirement of law has not been complied with. That view of the matter, the notice under Annexure-2 is liable to be quashed.";


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