KASHINATH JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has challenged the notice No. 1025(14) dated 5.12.2009 under Annexure-3 issued by the learned Sub-Collector, Nayagarh (opp. party No.3), fixing the date of holding the meeting of want of Confidence against the petitioner to 29.12.2009.

(2.) The petitioner was elected as the Sarpanch of Nimani Grama Panchayat in the year 2007. He was discharging his duty to the best of his ability. Surprisingly he received the aforesaid notice from the learned Sub-Collector, Nayagarh. As per the writ petition, the allegations made in the resolution proposed to be moved in the meeting of No Confidence Motion are all false and fabricated. Some of the signatures therein and in the requisition are not genuine. The learned Sub-Collector ought to have examined the genuineness of the allegations made against the petitioner and the genuineness of the signatures in the requisition and resolution, before issuing the notice under Annexure-3. On these grounds, the petitioner prayed to quash Annexure-3.

(3.) Opp. party nos. 2 and 4 in their joint counter contended that out of 16 ward members of Nimani Gram Panchayat, 9 ward members submitted requisition along with the proposed resolution before learned Sub-Collector, Nayagarh and requested him to convene a special meeting for holding of No Confidence Motion against the petitioner. Learned Sub-Collector, Nayagarh, forwarded the requisition and the resolution to the Block Development Officer, Bhapur, to verify the genuineness of the signatures contained therein. Accordingly, the Block Development Officer, Bhapur verified the signatures and submitted his report vide his letter No. 1476 dated 3.12.2009 (Annexure-C/4) to opp. party No.3. After being satisfied with the genuineness of the signatures, opp. party No. 3 issued the impugned notice under Annexure-3 to all the members including the petitioner of the aforesaid Gram Panchayat. So they prayed to dismiss the writ petition.