INDUMATI NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner in this writ application has called in question the notice dated 21.07.2010 under Annexure-1 issued by the Sub-Collector, Athagarh convening a meeting on the no confidence motion against the Petitioner, who is the Chairman of the Panchayat Samiti, under Section 46B of the Orissa Panchayat Samiti Act, 1959 (for short 'the Act') on 01.08.2010 at 11 A.M.

(2.) Mr. Manoj Mishra, learned Counsel for the Petitioner submits that the proposed resolution annexed to the notice is not in compliance with Section 46B(2) (f-1) of the Act and, therefore, the notice being defective and contrary to the Act should be quashed. He contends that the proposed resolution annexed to the notice does not show that the same was in accordance with the above provision of the Act as nothing from the said proposed resolution appears to indicate that the same was proposed by one member and has been seconded by another member at the meeting. He, therefore, contends that the said resolution cannot be considered to be a proposed resolution, as contemplated under the Act.

(3.) Mr. B.D. Pradhan, learned Counsel for the intervenors-Panchayat Samiti members submits that Section 46B(2) (f-1) of the Act operates during the vote of no confidence meeting and, as such stage has not come, question of compliance of the said provision does not arise at all.