PINKI BESHRA Vs. STATE OF ODISHA
LAWS(ORI)-2020-3-14
HIGH COURT OF ORISSA
Decided on March 18,2020

Pinki Beshra 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 Sub-Collector, Keonjhar (Opposite Party no.3) in convening the special meeting of Janardanpur Grama Panchayat followed by issuance of notice dated 24.10.2019 under Annexure-6.
(2.) The petitioner is the elected Sarpanch of Janardanpur 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, Keonjhar (opposite party no.3), by his letter no.5692 dated 24.10.2019, convened the special meeting of the Panchayat on 16.11.2019 for consideration of the no confidence motion against the Petitioner in the sitting hall of the Grama Panchayat office fixing the time at 11.00 am as under Annexure-6. 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-6.
(3.) The sole ground of challenge here to the aforesaid notice as at Annexure-6 is that in the process, there has been gross violation of mandatory provision of law as contained in clause (c) of sub-section (2) of section 24 of the Odisha Grama Panchayat Act, 1964 (hereinafter referred to as the O.G.P. Act) inasmuch as that clear fifteen days time has not been given. In the counter, it is asserted that the aforesaid provision of law have been scrupulously observed by the opposite party no.3 in its letter and spirit.;


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