JADABA BHUE Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal has been directed against an order dated 21.04.2011 passed in W.P.(C) No.14642 of 2009 by a learned Single Judge of this Court dismissing the writ petition of the present appellant.

(2.) Bereft of unnecessary details the facts and circumstances giving rise to the present writ appeal are that the writ appellant contestedthe election for the post of Sarpanch of Bhimtikira Grama Panchayat under Sonepur District held in the year 2007 and he was elected to the said post. While he was continuing as such, some of the ward members of the said Panchayat convened a meeting and passed a resolution for removal of the writ appellant from the post of Sarpanch on the ground that he did not discharge his duty in proper manner. On the basis of such resolution the writ appellant received notice dated 1.9.2009 issued by the Sub-Collector, Sonepur proposing to convene a special meeting on 22.9.2009 for consideration of no-confidence motion against the present writ appellant. No such meeting was held on 22.09.2009. Subsequently, another notice dated 30.9.2009 was sent to the present appellant for holding the meeting on 7.10.2009 for the aforesaid purpose. The said notices were challenged in W.P.(C) No.14642 of 2009 with a prayer to quash the same; but the said writ petition was dismissed by the learned Single Judge by the impugned order dated 21.4.2011.

(3.) Mr. G. Mishra, learned counsel for the writ appellant submitted that the impugned order is patently illegal and the same is liable to be set aside. Learned Single Judge has failed to appreciate that clause (c) of Subsection (2) of Section 24 of the Orissa Grama Panchayat Act, 1964 (for short, 'the Act') provides that the date, hour and place of meeting of noconfidence motion shall be fixed at least 15 clear days before the date so fixed. In the instant case, the notice was issued on 30.9.2009 for holding such meeting of no confidence motion on 7.10.2009. Therefore, there is no clear 15 days' notice for holding such meeting as provided u/s 24(2) (c) of 2the Act. Hence, the notice dated 30.09.2009 fixing the date for holding meeting to move no confidence motion on 07.10.2009 against the writ appellant suffers from procedural irregularity, illegality and is liable to be quashed. Since pursuant to the first notice, the meeting for no confidence motion could not be held, it is the duty of the opposite parties to notify the date of the second meeting by giving 15 days' clear notice to the persons concerned. Learned Single Judge erroneously placed reliance on the two decisions of this Court in the case of Sri Balmiki Pradhan v. State of Orissa and others, 2007 1 OrissaLR 8 and in the case of Rushinath Rout v. State of Orissa and others, 2005 99 CutLT 402, wherein the factual scenario was that there was a notice prior to the initial date fixed for the meeting adjourning/deferring the meeting to another future date. In the present case, the meeting was initially fixed to 22.9.2009. Subsequently, another notice was issued fixing the date to 7.10.2009. Mr. Mishra further argued that if the interpretation of learned Single Judge is accepted then Section 24 would be rendered nugatory as there can be a notice fixing a particular date and on that date if no meeting is held, then the first notice is to be kept alive and on any subsequent date the meeting can be convened all of a sudden. Concluding the argument, Mr. Mishra prayed for setting aside the impugned order and to allow the present writ appeal.