PUSPANJALI CHHATRIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition has been filed mainly with prayer to direct the opposite parties to publish the name of the petitioner as winning Sarpanch and names of other winning Ward Members of Kotagaon Grama Panchayat under Kalampur Panchayat Samiti in the district of Kalahandi as per Sec. 15 of the Odisha Grama Panchayats Act, 1964, for short "the Act" and to further direct them to hand over the power to the petitioner as Sarpanch.

(2.) Ms. Majhi, learned counsel for the petitioner submitted that initially during July, 2016 by way of a notification issued by Government of Odisha in Panchayati Raj Department Mandal Grama Panchayat falling under Dharamgarh Sub-Division of Kalahandi district was trifurcated into Mandal Grama Panchayat, Balagaon Gram Panchayat and Nuagaon Gram Panchayat. Balagaon Grama Panchayat covered villages like Balagaon, Khandidangariguda and Kotagaon. Later on during December, 2016, the above noted trifurcation was cancelled and existing Mandal Grama Panchayat was bifurcated to Balagaon Grama Panchayat and Mandal Grama Panchayat. Balagaon Grama Panchayat covered villages Balagaon, Khandidangariguda, Kotagaon, Bhalubutura and Bindhaniguda with headquarter at Kotagaon. Further during same month i.e. December 2016, the above bifurcation was cancelled and Mandal Grama Panchayat was again trifurcated to Kotagaon Grama Panchayat, Nuagaon Grama Panchayat and Mandal Grama Panchayat. In such background notification dtd. 23/12/2016 was issued under Annexure-1 constituting Kotagaon as a new Grama Panchayat. On 27/12/2016, a notification was published by the State Election Commission, Odisha under Annexure-2 appointing various dates with regard to holding of election of Ward Members and Sarpanchas of various Grama Panchayats of the State. Kotagaon Grama Panchayat consists of 11 wards. However none filed nominations in respect of 6 Wards covered by villages Balagaon and Khandidangiriguda and accordingly no election could be held in respect of these 6 Wards. But in other Wards, the election was conducted smoothly and accordingly Ward Members for such Wards were declared elected and the petitioner was declared elected as Sarpanch as per Annexure-5. However, the Block Development Officer-cum-Election Officer, Kalampur (opposite party No.4) did not publish the names of the petitioner and other elected Ward Members under Sec. 15 of "the Act" read with Rule 52 of the Orissa Grama Panchayats Election Rules, 1965, for short, "the Rules" as a result of which though the petitioner was elected as Sarpanch however she has not been able to perform her duties as Sarpanch. According to her such non-publication is illegal as the same violates Sec. 15 of "the Act". In such background, the present writ petition has been filed making the above noted prayers.

(3.) Mr.A.K.Nanda learned Addl. Government Advocate submitted that Kotagaon Grama Panchyat was carved out of Mandal Grama Panchayat after much administrative exercise. Initially Mandal Grama Panchayat was trifurcated to Balagaon, Nuagaon and Mandal Grama Panchayats with Balagaon Grama Panchayat covering villages like Balagaon, Khandidangariguda and Kotagaon. Later on matter was reconsidered in the light of observations made by this Court in W.P.(C) No. 16861 of 2016 and the above noted trifurcation was cancelled and Mandal Grama Panchayat was bifurcated to Balagaon Grama Panchayat and Mandal Grama Panchayat. On further consideration the above bifurcation was nullified and again Mandal Grama Panchayat was trifurcated to Kotagaon Grama Panchayat, Nuagaon Grama Panchayat and Mandal Grama Panchayat. On account of all these though Kotagaon Grama Panchayat has 11 Wards, but pursuant to Annexure-2 no nominations were filed in 6 Wards viz. Ward Nos. 6 to 11 covering villages Balagaon and Khandidangariguda during 10/1/2017 to 17/1/2017. Accordingly State Election Commission issued Notification No. 1199 dtd. 21/1/2017 for filing of nominations for the second time from 27/1/2017 to 30/1/2017. Again no nominations were filed. In such background on 8/2/2017 Block Development Officer-cum-Election Officer, Kalampur (opposite party No.4) submitted a report to the Collector and District Election Officer, Kalahandi under Annexure-A/3. Pursuant to this, on 20/2/2017 the Collector, Kalahandi (opposite party No.3) wrote to Sub-Collector, Dharamgarh (opposite party No.5) under Annexure-B/3 to nominate persons to such Wards with least practicable delay in tune with Sec. 13 of "the Act" and Rules 30 and 54 of "the Rules". On 21/2/2017 vide Annexure-A/4, the opposite party No.5 wrote to Block Development Officers under Dharamgarh Sub-Division to submit proposals to nominate persons to such Wards where no nominations have been filed resulting in failure of election held for the second time. According to him pursuant to the above noted letter, the Block Development Officer-cum- Election Officer, Kalampur (opposite party No.4) in the peculiar background of the case requested the villagers of Balagaon and Khandi Dangariguda to select one person with his/her consent for each Ward viz, Ward Nos. 6 to 11 for being nominated as Ward Members by the Sub-Collector of Dharamgarh for constitution of Grama Panchayat body. But villagers of both the villages strongly refused the proposal and demanded for declaration of Balagaon Grama Panchayat, which was earlier notified twice but later on withdrawn. In this connection the villagers of both the above noted villages submitted their representations to opposite party No.4 on 5/7/2017 which have been enclosed to Annexure-B/4. According to Mr. Samal, learned Addl. Government Advocate on account of such deadlock the Sub-Collector, Dharmgarh (opposite party No.5) could not act as per the Rule 54 of "the Rules". It is in such background publication of result of election under Sec. 15 of "the Act" could not be made. Both the learned A.G.As. submitted that since only 5 Wards returned elected candidates along with Sarapanch, only 6 elected persons were available and with regard to rest 6 Wards neither anyone could be elected or nominated on account of intractable attitude of the villagers of Balagaon and Khandi Dangariguda. Thus in the absence of nominated members and in absence of a majority, no wrong has been committed by the authorities in not issuing the notification under Sec. 15 of "the Act". They also submitted that the present writ petition has been filed by the petitioner only and she cannot espouse the cause of other 5 elected Ward Members. They further submitted that as the election to Grama Panchayats of the State is now imminent, this Court may not otherwise interfere in the matter.