LAWS(ORI)-2001-6-13

INDUMATI SWAIN Vs. STATE OF ORISSA

Decided On June 18, 2001
Indumati Swain Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THE petitioner has challenged the order passed by the Collector, Jagatsinghpur, suspending the petitioner from the post of Sarpanch in exercise of power Under Section 115(1) of the Orissa Grama Panchayat Act. The order of suspension has been annexed as Annexure -1, which is in Oriya. The translation of Annexure -1 reads as follows :

(2.) COUNTER affidavit has been filed by the District Panchayat Officer on behalf of opposite parties 2 to 5. There is no indication in the said counter regarding the satisfaction of the Collector regarding the alleged wilful act of the Sarpanch. Therefore, even Ihough the allegations appear to be serious, in the absence of pre -requisite satisfaction of the Collector, I am constrained to quash the order of suspension under Annexure -1.