KISHORE CHANDRA SAHOO Vs. STATE OF ORISSA, THROUGH THE SECRETARY TO GOVERNMENT, DEPARTMENT OF PANCHAYAT RAJ, STATE SECRETARIAT BUILDING AND ORS.

JUDGEMENT

(1.) ON receipt of a requisition from required number of members of Chandbali Panchayat Samiti in the district of Bhadrak to specially convene a meeting of the Panchayat Samiti to consider a motion of non -confidence against the present Petitioner, who is the Chairman of the said Panchayat Samiti, the Sub - Collector, Bhadrak convened a meeting on June 7,2000 for the purpose. Admittedly, notices of the said meeting were sent only to the directly elected members of the Panchayat Samiti. The present Petitioner has filed this writ application questioning the legality of the said proposed specially meeting on the ground that notices of such meeting are to be sent to all the members of the Panchayat Samiti as specified in Sub -section (1) of Section 16 of the Orissa Panchayat Samiti Act, 1959 (hereinafter referred to as 'the Act').

(2.) THIS writ application was moved on June 2, 2000 before the Vacation Bench. The Hon'ble Vacation Judge granted an interim stay of the notice dated May 27,2000, being Annexure -1 to the writ application. Because of the interim order the meeting could not be held and the impugned notice has already become ineffective.

(3.) THE added opp. parties 6 to 26 have filed a counter contending that only the directly elected members of the Panchayat Samiti are entitled to notice. The said contention is totally misconceived and it appears that the said added opp. parties are not aware of the amended provisions of Section 18(3) of the Act. The relevant provisions of Section 16(1), Section 18(3) and Section 46B are reproduced below: