REENA TRIVEDI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Review Petition No. 197 of 2012 has been filed with a prayer to review the order dated 11.5.2012 passed in W.P.(c) No.8242 of 2012. The writ petition bearing W.P.(C) No.8242 of 2012 was filed challenging the order passed by the District Magistrate and Collector, Sambalpur by which the Collector directed to convene a special meeting on

(2.) 5.2012 to move no -confidence motion against the Chairperson of Sambalpur Municipality. This Court vide impugned order dated 11.5.2012 has dismissed the writ petition. Hence, the present review petition. 2. W.P.(C) No.9946 of 2012 has been filed for quashing resolution dated 07.05.2012 passed by the Councilors of Sambalpur Municipality, report dated 14.5.2012 of the A.D.M., Sambalpur and Notification dated 29.5.2012 of the Director, Municipal Administration & Ex -Officio Joint Secretary to Government notifying that Reena Trivedi holding the office of Chairperson of Sambalpur Municipality shall be deemed to have vacated such office with effect from the date of passing of resolution i.e. 7th May, 2012.

(3.) MR . A.K. Parija, learned Senior Advocate appearing on behalf of the petitioner submitted that the order of the Collector to convene a special meeting on 07.05.2012 to move a no -confidence motion against the Chairperson of the Sambalpur Municipality was passed on the basis of a requisition received from 20 Councilors out of 29 Councilors. While dismissing the writ petition some wrong and incorrect facts have inadvertently crept into the impugned order dated 11.5.2012 for which it has been necessary to review the said order. According to Mr. Parija, learned Senior Advocate, the total number of councilors of Sambalpur Municipality is 29 and out of 29 Councilors, one Councilor, namely, Ladara Munda expired on 15.02.2012. It was submitted that notwithstanding death of one of the Councilors, the total strength of the councilors constituting the municipal council continues to remain 29. Requisition to move no -confidence motion was signed by 20 councilors, but at the meeting on 7.5.2012 which was presided over by the Additional District Magistrate, Sambalpur in which the said no -confidence motion was moved, 19 councilors voted in favour of the motion. In support of his contention Mr. Parija relied upon the resolution of Sambalpur Municipality dated 07.05.2012 passed under Annexure -1 to the Review petition (Annexure -5A to W.P.(C) No.9946 of 2012). Mr. Parija submitted that the finding has been recorded in the order dated 11.5.2012 that 20 councilors voted against the petitioner, which is contrary to the resolution dated 7.5.2012 (Annexure -1). On this erroneous premises, further finding has been recorded that 20 councilors who voted against the Chairperson constitute 2/3rd majority is also an error of record. 19 councilors, who voted in favour of no -confidence motion do not constitute 2/3rd majority as envisaged under Section 54(1) of the Orissa Municipal Act.