BHARATI PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed with a prayer to quash the order of suspension dated 24.07.2012 (Annexure -19) uploaded in the website and to issue a direction to the opposite parties to co -operate with Allori Grama Panchayat for completion of the construction of Grama Panchayat building at Allori on the land gifted by one Sri Ganeswar Biswal with the money allotted by DRDA vide letter dated 08.08.2011 (Annexure -2). Further prayer of the petitioner is to allow the Panchayat Office to function temporarily at Bhetia Recreation Centre till the new building is constructed at Allori.

(2.) PETITIONERS case in a nutshell is that in 2012 Panchayat Election, the petitioner has been elected as Sarpanch of Allori Grama Panchayat. She has assumed the charge of Sarpanch since 09.03.2012 and is working as such till date. In the year 2001 Allori Grama Panchayat was segregated from Munduribeda Grama Panchayat. Due to dissension between the villagers and continuous litigation between them, practically Allori Grama Panchayat could not function at Allori and it was functioning at erstwhile Panchayat at Munduribeda. Fixing the headquarters of Allori Grama Panchayat at Allori was challenged by few of the villagers including erstwhile Sarpanch of Allori Grama Panchayat in W.P.(C) No.8603 of 2010 which was dismissed by this Court. The same was challenged in Writ Appeal No.195 of 2011 before this Court. This Court after hearing the parties refused to interfere with the administrative order fixing the headquarters of Allori Grama Panchayat in its order dated 18.07.2011.

(3.) FURTHER case of the petitioner is that the Grama Panchayat Office was shifted to Bhetia Promoda Kendra on 03.04.2012 and the charge was handed over to the Executive Officer vide letter dated 03.04.2012 (Annexure -5). The documents and other records handed over to the Executive Officer were duly acknowledged by him on the body of the letter dated 04.04.2012 (Annexure -6). Notwithstanding the fact that the possession of the records and other articles of the Panchayat are with the Executive Officer yet he lodged a complaint before the Local Police against the Panchayat and its members with ill motive. In response to that the petitioner informed the local police vide letter dated 07.04.2012 (Annexure7) refuting the allegations made by the Executive Officer. Opposite party no.5 -B.D.O., Pallahara was informed vide letter dated 17.04.2012 (Annexure -8) about the non -cooperation of the Executive Officer. The B.D.O. vide his letter dated 16.04.2012 (Annexure -9) informed the petitioner about the newly constructed Panchayat building and further informed that information sought for by the petitioner can be available under the RTI Act. The petitioner was further informed that as all the members were not present in the meeting held on 16.03.2012, the resolution passed on that date was not approved by the Collector. The non -cooperation of the Executive Officer was again brought to the notice of the B.D.O., vide letter dated 19.04.2012 (Annexure -10). In the meeting held on 30.04.2012 resolution dated 16.03.2012 was affirmed and a decision was taken to run the headquarter temporarily at Bhetia till completion of the construction of the G.P. Building with the funds allotted by the Project Director, DRDA, Angul. A copy of the resolution dated 30.04.2012 was sent to the B.D.O., Pallahara and the Sub -Collector, Angul etc.