SARASWATI MALLIK Vs. STATE OF ORISSA & ORS.

JUDGEMENT

(1.) AS per the writ petition, the petitioner was elected as Chairperson of Gudvella Panchayat Samiti in the last election held in the year 2007. She discharged her duties as per the provision of law contained in Orissa Panchayat Samiti Act (hereinafter referred as "the Act") and Rules framed there under. As she did not comply with the illegal demands of some Panchayat Samiti members, they forming an unholy combination tried their best to dislodge her from the office of Chairperson. They held a meeting on 8.4.2011 and passed a resolution to bring no confidence motion against the petitioner and made a requisition to the Sub -Collector, Bolangir to fix the venue date and time for holding such meeting. Accordingly, the Sub -Collector issued notice along with requisition on 15.4.2011 to all the Samiti members indicating that the meeting would be held on 26.4.2011 at 9 A.M. in the Block office meeting hall under Annexure -1 series. The petitioner seriously doubted the authenticity of the signatures found in the requisition as well as in the proceeding of the meeting. The notice was not accompanied by the proposed resolution containing the reasons to be moved in the no confidence motion against her.

(2.) IT is the further case of the petitioner that as required under law, notice of the meeting regarding no confidence motion is to be sent to the members having right to vote, but, in the present case, notice has been issued to the Member of Parliament Bolangir, MLA. Titilagarh and panchayat Samiti members along with all Sarpanchs. So, the notice is defective. Under such circumstances, she prays to quash the notice dated 15.4.2011 as illegal and arbitrary.

(3.) OP . party nos.2 to 4 in their counter affidavit contended that on receipt of the requisition along with copy of the proposed resolution for convening a special meeting in connection with no confidence motion against the petitioner, the Sub -Collector, Bolangir (Opp. party no. 3) in exercise of his power conferred under Section of the Act correctly issued the notice under Annexure -1 series. Out of total 26 members of Gudvella Panchayat Samiti, 19 members signed the requisition. After receipt of the requisition, opp.party no.3 requested the B.D.O., Gudvella Block to verify the genuineness of the signatures of the signatories found on the requisition and the proposed resolution by comparing the same with their signatures given in the proceeding book of the panchayat samiti. Accordingly, the signatures were compared and the B.D.O., Gudvella Block vide letter dated 13.4.2011 intimated the Sub -Collector, Bolangir that the signatures on the proposed resolution and the requisition were genuine.