KULAMANI MALLIK Vs. COLLECTOR

JUDGEMENT

(1.) HEARD Mr. Mishra, learned counsel for the petitioner and Mr. P. K. Mohanty, learned Additional Government Advocate.

(2.) PETITIONER , the elected Sarapanch of Baulanga Grama Panchayat has challenged the order of his suspension dated 12.3.2003 passed by the Collector, Puri vide Annexure -4.

(3.) SUSPENSION of an elected representative is indeed a drastic action and should not be taken recourse to cursorily and in a mechanical manner. Having vested the power with the Executive to suspend an elected representative, the Legislature has provided safeguards against arbitrary exercise of the same. Therefore, while bringing the tenure of an elected representative to an end either temporarily or prematurely, utmost care and circumspection should be exercised. Right of an elected representative to continue in his office for the full tenure, should not be lightly tinkered with by the Collector.