BISHNU CHARAN RAUL Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) Petitioner was the Sarpanch of Mandasahi Grama Panchayat within the district of Cuttack and the said Grama Panchayat has nineteen members in all including the Sarpanch. On 2 -6 -1976, sixteen members of the Grama Panchayat asked the Sub -Divisional Officer of Jagatsinghpur under Annexure -1 that a meeting of the Grama Panchayat be specially convened for consideration of a motion of no confidence against the Sarpanch and appended to the requisition a draft copy of the resolution (Annexure -2). On 4 -8 -1976, notice of the meeting was given by the Sub -Divisional Officer (opposite party No. 3) fixing it to 26 -8 -1976. On that day, thirteen persons voted in support of the resolution while six persons including the Petitioner voted against it. The resolution was passed. The Petitioner has asked for quashing the resolution and to require the opposite parties to refrain from giving effect to the same.

(2.) IS there a valid requisition?

(3.) HAS the resolution been passed as required under the Act?