ANANDA PRADHAN Vs. COLLECTOR KHURDA

JUDGEMENT

(1.) In this Writ Appeal, the Appellant assails the judgment dated 08.07.2010 passed in W.P.(C) No. 19065 of 2009 whereby the learned Single Judge quashed the notice No. 4950 dated 03.12.2009 issued by Respondent No. 2-Sub-Collector, Khurda fixing a date for no confidence meeting against Respondent No. 3-Muktamanjari Sahoo @ Muktabala, the Sarpanch of Chhanagiri Grama Panchayat at Chhanagiri, P.S. Jankia, Dist:Khurda.

(2.) Bereft of unnecessary details, the facts and circumstances leading to the present appeal are that the Appellant is a Ward Member of Ward No. 2 of Chhanagiri Grama Panchayat. There were 15 Ward Members in total under the said G.P. Out of 15 Ward Members, 10 Ward Members have signed the requisition and proposed resolution dated 21.11.2009 (Annexure-1) for the purpose of initiating no confidence motion against Respondent No. 3-Sarpanch. After receiving the requisition along with the proposed resolution, the Sub-Collector, Khurda vide notice No. 4950 dated 03.12.2009 (Annexure-2) fixed the date of meeting of no confidence motion to 21.12.2009 against Respondent No. 3-Sarpanch. Accordingly, the said meeting for no confidence motion against the Sarpanch was held on 21.12.2009. The Sarpanch after receipt of notice from the Sub-Collector, Khurda approached this Court in W.P.(C) No. 19065 of 2009 with a prayer to quash the notice dated 03.12.2009 fixing the meeting of no confidence motion in respect of Chhanagiri G.P. as well as the resolution dated 21.11.2009 along with the requisition or in the alternative to defer the no confidence motion till the eligibility of Ward Members of Ward Nos. 2, 4, and 6 is decided. Learned Single Judge vide order dated 08.07.2010 quashed the notice No. 4950 dated 03.12.2009 issued by the Sub-Collector, Khurda fixing the date for no confidence meeting against Respondent No. 3-Sarpanch. Hence, the present writ appeal.

(3.) Mr. K.P. Mishra, learned Counsel appearing for the Appellant submits that the learned Single Judge travelled beyond the pleadings and held that Section 24(2)(a) of the Orissa Grama Panchayat Act, 1964 (for short, "G.P. Act") has not been adhered to. The challenge in the writ petition was regarding validity of the membership of three Ward Members who were signatories to the requisition and proposed resolution to move no confidence motion against Respondent No. 3-Sarpanch and accordingly, prayer was made to defer the date of no confidence motion till the eligibility of three Ward Members is decided. There was no challenge to the procedure adopted for passing the resolution and requisition as required under Section 24 of the G.P. Act by the Petitioner in the writ petition. Therefore, the conclusion of the learned Single Judge that as per Section 24(2) of the G.P. Act, the requisition singed by at least 1/3rd of the total membership of the Grama Panchayat along with the proposed resolution has not been sent to the Sub-Collector, Khurda is not supported by any material on record. The aforesaid observation of the learned Single Judge did not arise either from the pleadings of the writ petition or any contention to that effect. Thus, the impugned judgment suffers from an incurable infirmity. The observation made by the learned Single Judge is contrary to the pleadings and the same is liable to be quashed. A valid requisition along with proposed resolution has been sent to the Sub-Collector, Khurda. No reasonable opportunity was afforded either to file their counter affidavit or to produce relevant record for just decision of the case. The decision of this Court in Smt.Kamala Tiria v. State of Orissa and Ors.,2001 91 CLT 151 on which Respondent No. 1 placed reliance has no application to the case of the Appellant. Concluding his argument he has submitted that the judgment of the learned Single Judge is liable to be set aside and the present writ appeal may be allowed.