SUNITA NAYAK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, by filing this writ application, has prayed for quashment of an order dated 26.09.2019 of the Government in the Department of Panchayati Raj and Drinking Water under Annexure-5 as to the suspension of the petitioner, who is the elected Sarpanch of Kalyanpur Grama Panchayat under Binjharpur Block in the district of Jajpur.

(2.) Brief facts necessary for the purpose are as under:- The petitioner being the elected Sarpanch of Kalyanpur Grama Panchayat had been in the office and discharging her duty as such since her assumption of the charge of the office after election. When the matter was continuing as such, the Grama Panchayat Officer, Opposite Party No.5, by his letter no.1016 dated 5.8.2019 under the subject "Notice for allowing unwanted person inside the GP Meeting held on 30.07.2019"; called for an explanation from the petitioner as to why action under sub-section 1 of section 115 of the O.G.P. Act shall not be taken for her act in allowing such unwanted person during the Grama Panchayat meeting. The letter as finds mention therein is based upon the allegation that in course of Grama Panchayat meeting on 30.07.2019, the petitioner's husband had gone to the place where meeting of the Grama Panchayat was going on. There he had vomited some untoward/unpleasant remarks against the Government as well as Chief Minister for which the members present in the meeting raised their protest and opposing his entry, expressed displeasure over such remarks given by the petitioner's husband and had requested her to take appropriate step as provided in law in the matter.

(3.) The opposite party no.4 in the counter has stated that before interim order having been passed on 04.10.2019, the order of suspension dated 26.09.2019 under Annexurer-5 had been communicated to the petitioner with an instruction to her to handover the charge of the office on 27.09.2019 as at Annexure-A/4 which she failed to do. It is further stated that due to urgency, the Naib Sarpanch has already taken charge of the office of Sarpanch and has been acting as such since 30.09.2019, also has convened meeting of the Grama Sabha on 02.10.2019 and thereafter. This is all the counter of said opposite party no.4.