MUKTAMANJARI SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, who is the Sarpanch of Chhanagiri Grama Panchayat has filed this writ petition challenging the notice No. 4950 dated 3.12.2009 issued by the learned Sub-Collector, Khurda, fixing No Confidence Motion initiated against her to 21.12.2009, as well as the resolution dated 21.11.2009.

(2.) Election to the office of Sarpanch of Chhanagiri Grama Panchayat was held on 23.2.2007, wherein the petitioner was elected as the Sarpanch and opp. party Nos. 4,5 and 6 were elected as ward members of ward Nos. 4,6 and 7 respectively. There are 15 ward members in the aforesaid Grama Panchayat, out of whom 10 Ward Members passed a resolution on 21.11.2009 to bring No Confidence Motion against the petitioner on several grounds and sent the resolution along with a requisition to the Sub-Collector, Khurda. On receipt of the requisition, the learned Sub-Collector, Khurda vide notice No. 4950 dated 3.12.2009 fixed the meeting of No Confidence Motion to 21.12.2009.

(3.) According to the petitioner, some of the inhabitants of Chhanagiri G.P. had moved this Court in W.P.(C) No. 10825 of 2008 challenging the election of opp party No. 6 as ward member, on the ground that he was an agent of Life Insurance Company of India as well as Sahara India. This Court, vide order dated 4.8.2009, was pleased to direct the learned Collector, Khurda to dispose of the representation made by the writ petitioners in accordance with law as expeditiously as possible, still then, it is pending disposal. Opp. Parties 4 and 5 are also disqualified to continue as ward members of Chhanagiri G.P., since they had more than two children and the 3rd child of each of them, was born after the cut off date. The petitioner filed a petition vide G.P. election Misc. case No. 6 of 2009 before learned Collector Khurda to disqualify opp. party No. 4 to continue as ward member of Chhanagiri Grama Panchayat. Similarly the petitioner filed a petition before learned Collector, Khurda to disqualify opp. party No. 5 to continue as ward member.