MAMATA BEHERA Vs. STATE OF ODISHA
LAWS(ORI)-2020-1-27
HIGH COURT OF ORISSA
Decided on January 28,2020

Mamata Behera Appellant
VERSUS
STATE OF ODISHA Respondents

JUDGEMENT

D.Dash, J. - (1.) The Petitioner, by filing this writ application, seeks to assail the decision of the District Magistrate, Kandhamal (Opposite Party no.2) in convening a meeting to consider the no confidence motion against her, who is the elected Chairperson of Baliguda Notified Area Council (for short, "the NAC") in the district of Kandhamal.
(2.) The Petitioner is the elected Chairperson of Baliguda N.A.C. 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 was continuing as such, the District Magistrate, Kandhamal (opposite party no.2), by his letter no.4883 (13)// DUDA dated 08.11.2019, convened the special meeting of the N.A.C. on 16.11.2019 for consideration of the no confidence motion against the Petitioner in the sitting hall of the N.A.C. fixing the time at 11 am 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 by issuance of such notice as at Annexure-1.
(3.) The Baliguda N.A.C. comprising of 13 Wards, the Council has thus 13 Councillors including the Chairperson as one among them. The main contention raised in this application in support of the challenge to the decision of the Opposite Party no.2 by issuance of notice under Annexure-1 pursuant to the so-called requisition under Annexure-2 said to have been given by seven Councillors, i.e. Opposite party nos.4 to 10 is that those are not in consonance with the statutory requirements as provided in section 54 of the Odisha Municipal Act, 1950 (hereinafter referred to as the O.M. Act). Thus it is said that the decision of the Opposite Party no.2 to convene a special meeting in issuing notice under Annexure-1 is arbitrary and illegal resulting from non-application of mind.;


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