KANTI KUMBHAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner is the Chairperson of Dhanakauda Panchayat Samiti. In this writ application, she has prayed for quashing the Notice dated 30.10.2000 issued by the Sub -Collector, Sambalpur Sadar (opposite party No. 2) under Annexure - 2 series fixing the meeting of the Panchayat Samiti on 22.11.2000 for considering the requisition regarding 'no -confidence motion' against the petitioner.

(2.) IN the writ application it has been asserted that the petitioner was performing her duty as Chairperson properly and with an ulterior motive, some of the members held a meeting on 3.9.2000 and passed a resolution to send requisition to remove the petitioner from the office of Chairperson without assigning any reason in the said resolution. It is also asserted that notice along with copies of the requisition and proposed resolution of no -confidence of had not been communicated to each member of the Panchayat Samiti. It is further asserted that the resolution dated 3.9.2000. '...does not satisfy the intent and purpose of the provisions of Section 46 -B. The said resolution does not indicate or assign any reason to which the petitioner can effectively reply in the proposed meeting. Hence there will be no adequate opportunity available to the petitioner while facing the no -confidence motion.' (quoted from the writ petition).

(3.) AN intervention petition has been filed on behalf of the Vice -Chairman of the Panchayat Samiti, wherein it is indicated that in the meantime, on 22.11.2000 the no -confidence motion has been passed, but in view of the interim order passed by the High Court, the petitioner is still continuing in the office of Chairperson.