HALADHAR PANDA Vs. NISAKAR NAIK

JUDGEMENT

(1.) THIS is an application for a writ of certiorari to auash the election of the opposite party No. 1 as the Chairman of the Hatadihi Panchayat Samiti.

(2.) ACCORDING to the petitioner the opp. party No. 1 was elected as Chairman of the said Samiti in 1961 and continued to hold that office upto 1967. That constituted the first term of Chairmanship of opposite party No. 1. In 1968. election took place for the said office. The opposite party No. 1, was again elected and was to continue in office upto 1971. That was his second term. On 15th of December, 1970, he resigned. On 10th of January. 1971, election took place and opposite party No. 1 was again elected. This was his third term. It is conceded that these terms are consecutive.

(3.) UNDER Section 16 (3) (a) of the Orissa Panchayat Samiti Act of 1959 (Act 7 of 1960) no person is eligible to be the Chairman of a Samiti for more than two consecutive terms. In the case of Madan Mohan Pani v. State of Orissa. AIR 1971 orissa 283, this Court dealt with the pro-visions of Section 16 (3) (a) of the Act and held that in similar circumstances as these, the terms would be held to be consecutive. There is no dispute among counsel before us appearing for all the parties that in terms of Section 16 (3) (a) of the Panchavat Samiti Act and as interpreted by the said decision the opposite party No. 1 is not eligible to hold the office of Chairman for the present term. In view of this situation, ordinarily the petitioner should have succeeded and the election of the opposite party No. 1 should have been quashed. On behalf of the opposite parties, however, it has been contended that in the facts of the case no relief can be granted.