BULI DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner was elected as Sarpanch of Gunthuni Grama Panchayat in the district of Nayagarh. She has impugned the order under Annexure -1 passed by the Collector disqualifying her from continuing as Sarpanch for having incurred disqualification as contemplated in section 25(3) of the Orissa Grama Panchayat Act, 1964 (in short, the 'Act'). Section 25(3) of the Act is extracted hereunder : - -

(2.) THE learned counsel for the petitioner has contended that in absence of any resolution of the Grama Panchayat to the effect that the petitioner had remained absent from three consecutive meetings, no such decision could have been given by the Collector. Such submission is based on misconception of provisions contained in section 25 of the Act, The disqualification contemplated in the aforesaid provision relates to the sufficiency of reasons indicated by the Sarpanch for remaining absent and not regarding the disqualification itself.

(3.) WRIT application allowed.