KAMALA TIRIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ petition the petitioner seeks to assail the validity of the notification dated 10th of April, 2000 at Annexure 15 of the Government of Orissa in Panchayatiraj (G.P.) Department publishing the resolution of the Mayurbhanj Zilla Parishad in which want of confidence in her as the President of the said Zilla Parishad was recorded.

(2.) The case of the petitioner may be briefly stated:In the election held in January, 1997 fifty-six members including the petitioner were elected as the Members of the Mayurbhanj Zilla Parishad (hereinafter referred to as 'the Zilla Parishad') from different constituencies in the district of Mayurbhanj. The petitioner came to be elected as the President of the Zilla Parishad in the election held on 15-2-1997. While she was continuing as such, on 11-1-2000 the District Magistrate, Mayurbhanj issued issued notice at Annexure 1 notifying that a special meeting would be convened on 19-1-2000 in the Collectorate's Conference Hall to consider 'no confidence motion' against her. Along with the said notice, a copy of the requisition dated 23-12-1999 (Annexure 2) and minutes of discussion of the meeting dated 5-11-1999 (Annexure 3) were enclosed. Many members of the Zilla Parishad were taken aback to find their signatures in the recorded minutes (Annexure 3) because they were not present in any such meeting held on 5-11-1999. They had not put their signatures on any recorded minutes of meeting of that day. The Zilla Parishad consists of 56 elected members and 29 Ex-Officio members having a total of 95. The Ex-officio members have no right to vote in a motion of no confidence meeting, but they were invited to attend the meeting. The petitioner on 17-1-2000 made representation to cancel the said meeting. Despite such protest, on 19-1-2000 meeting was held and the Collector without holding any discussion on the resolution illegally and arbitrarily declared that a resolution expressing want of confidence in the petitioner was passed. Being aggrieved by such illegal resolution, she filed O.J.C. No. 953 of 2000 in this Court which was disposed of by order dated 24-1-2000 directing the State Government to consider the grievance of the petitioner. The Government without applying its mind arbitrarily and by a bald order rejected the claim in the Government letter No. 5943 dated 10-4-2000 at Annexure 14.

(3.) The opposite parties 1 to 3 have filed their counter-affidavit denying the allegations made by the petitioner. The opposite party No. 5 who has been elected as President in place of the petitioner has filed a separate counter-affidavit on her behalf.