SUSILA SAHANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner has challenged the order under Annexure -4 issued pursuant to no -confidence motion passed against the petitioner purporting to remove her from the office of Sarpanch of Akarpada Grama Panchayat in the district of Jajpur, mainly on two grounds, firstly that clear 15 days' notice as contemplated Under Section 24 (2) (c) of the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as the 'Act') had not been given and secondly, that opposite parties 17 and 18, who were not members of the Grama Panchayat, had participated in the no -confidence motion.

(2.) SO far as the first ground is concerned, the provision contained in Section 24 (2) (c) of the Act is extracted hereunder :

(3.) LEARNED counsel for the petitioner then submitted that earlier there was a direction given in O.J.C. No. 3160 of 2001 filed at the instance of the petitioner that before notifying the no -confidence motion, the question as to whether the opposite parties 17 and 18 were members, or not is required to be decided. Now that the no -confidence motion has been annulled, the Collector is to consider as to whether the present opposite parties 17 and 18 were valid members. If it is found that they were not valid members, their signatures on the requisition should be ignored. The question of validity of membership of opposite parties 17 and 18 should be decided within a period of two weeks from today after giving them notice. Thereafter, the Collector shall fix an appropriate date and shall take steps is accordance with Section 24 (2) (c) as expeditiously as possible.