KABITA BARAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present writ appeal is directed against the order dtd. 23/2/2021, passed by the learned Single Judge in W.P.(C) No. 5164 of 2020 whereby the Writ Petition filed by the Appellant has been dismissed.

(2.) The Petitioner-Appellant had filed the above writ petition challenging the Notice No. 185 dtd. 1/2/2020 issued by the Sub Collector, Kendrapara, Opp. Party No.2, fixing the date and time for a special meeting of the Areikana G.P. to be held on 26/2/2020 at 11 AM to vote on the No Confidence Motion against the petitioner u/s.24(1) of The Orissa Grama Panchayats Act, 1964 (for short 'the Act') in the Conference Hall of Aul Panchayat Samiti.

(3.) The Appellant-Petitioner's case, as pleaded in the writ petition, is that she was elected as a Sarpanch of Areikana Grama Panchayat in the Panchayat Election held in the year 2017. The aforesaid Areikana Grama Panchayat has 11 Wards in total. After being elected, the Appellant-Petitioner assumed the office of Sarpanch of Areikana Grama Panchayat and started discharging her duties with utmost sincerity and to the best of her ability. It was further pleaded that all on a sudden on 1/2/2020, the Appellant-Petitioner received a notice from the Sub-Collector, Kendrapara, which has been filed along with the writ petition as Annexure-1 to the writ petition. The Appellant-Petitioner has alleged that she had only received a notice dtd. 1/2/2020 under Annexure-1. It was mentioned in the said notice that some of the ward members have expressed their no confidence on the Appellant-Petitioner and she has stated that she is not sure as to how many members have expressed no trust in her. She has further alleged that she has only received a notice under Annexure-1 and other papers referred to therein in the notice has not been delivered to her, as such, she claims the notice to be a defective one.