JAGA PRADHAN Vs. STATE OF ODISHA
HIGH COURT OF ORISSA
STATE OF ODISHA
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D.Dash, J. -
(1.) The Petitioner, by filing this writ application, seeks to assail the decision of the Sub-Collector, Baliguda dated 2.11.2019, Kandhamal (Opposite Party no.3) in convening a meeting to consider the no confidence motion against him, who is the elected Sarpanch of Parigarh Grama Panchayat (for short, "Grama Panchayat) in the district of Kandhamal.
(2.) The Petitioner is the elected Sarpanch of Parigarh Grama Panchayat and has been in the office and discharging him duties as such since his assumption of the charge of the office after the election.
When the matter was continuing as such, the Sub-Collector, Baliguda (opposite party no.3), by his letter no.6019 dated 02.11.2019, convened the special meeting of the Panchayat on 19.11.2019 for consideration of the no confidence motion against the Petitioner in the Panchayat office fixing the time at 10.30 am as under Annexure-3. 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 the notice as at Annexure-3.
(3.) The Parigarh Grama Panchayat comprising of 11 Wards has thus 11 members including the Sarpanch as one among them. The main contention raised in this application in support of the challenge to the decision of the Opposite Party no.3 by issuance of notice under Annexure-3 pursuant to the socalled requisition dated 11.9.2019 annexed to Annexure-3 said to have been given by 10 Ward Members including the Opposite party nos.6 to 14 as not in consonance with the statutory requirements as provided in section 24 of the Odisha Grama Panchayat Act, 1964 (hereinafter referred to as the O.G.P. Act). Thus it is said that the decision of the Opposite Party no.3 to convene a special meeting in issuing notice under Annexure-3 is arbitrary, illegal and as the outcome of non-application of mind.;
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