- (1.) Special leave granted. Arguments heard.
(2.) The respondent A. C. Jena was a Sarpanch of Padanipal Grama Panchayat, Orissa. He was removed from the office under S. 115 of the Orissa Grama Panchayat Act, 1964 by the order of the State government (petitioner 1 before us) dated 24/10/1986, as contained in Annx. D to the special leave petition, which has been quashed by the impugned judgment of the Orissa High court dated 20/01/1987 in 0. J. C. No. 3300/86.
(3.) The relevant provisions of S. 115 of the Act read as follows : 115. (L) If on the report of the Sub-Divisional Officer the Collector is of the opinion that circumstances exist to show that the Sarpanch or Naib Sarpanch of a Grama Panchayat wilfully omits or refuses to carry out or violates the provisions of this Act, or the rules or orders made thereunder or abuses the powers, rights and privileges vested in him or acts in a manner prejudicial to the interest of the inhabitants of the Grama and that the further continuance of such person in office would be detrimental to the interest of the Grama Panchayat or the inhabitants of the Grama, he may, by order, suspend the Sarpanch or Naib-Sarpanch, as the case may be, from office and report the matter to the State government. (2 The State government, on the report of the Collector under Ss. (1 shall, or if the State government themselves are of the opinion that the circumstances specified in the said Ss. exist in relation to a Sarpanch or Naib-Sarpanch, then on their own motion, may, after giving the person concerned a reasonable opportunity of showing cause, remove him from the office of Sarpanch or Naib-Sarpanch, as the case may be. 41 * * (4 A Sarpanch or Naib-Sarpanch on removal from office under Ss. (2 shall also cease to be a member of the Grama Panchayat, and such person shall not be eligible for election as a member for a period not exceeding four years as the State government may specify. The Collector, Cuttack, petitioner 2, before us, received a report (Appendix to Annx. A) from the Sub-Divisional Officer, Kendra Pada, stating the facts and circumstances which clearly satisfy the conditions mentioned in S. 115 of the Act, for the suspension and removal of the respondent. The 471 Collector, Cuttack, thereupon suspended the Sarpanch by his order dated 22/04/1985 (Annexure A) and while so doing he expressly mentioned that on going through the report of the Sub-Divisional Officer he was satisfied that the Sarpanch acted in a manner as detailed in the Appendix and "his further continuance in office would be detrimental to the interest of the said Grama Panchayat as also of the inhabitants of the Grama". Accordingly a notice as required by Ss. (2 was served on the Sarpanch, who filed his detailed reply and was also personally heard. His explanation however was not considered satisfactory and an order dated 24/10/1986 bearing No. 19032/gp was passed removing him from the office of the Sarpanch. A second notification of the same date bearing No. 19039/gp was issued under Ss. (4. The Sarpanch in these circumstances moved the High court under Article 226 of the Constitution.;