JAGANNATH MISRA Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THIS is an application for a writ of certiorari to quash a resolution adopted at a special meeting of the Hinjilicut Notified Area Council recording want of no confidence in the Petitioner who was its Chairman.

(2.) HINJILICUT Notified Area Council within the district of Ganjam consists of 16 councillors. On 25 -11 -1969, general election of members to the council was held. The Petitioner was elected as the Chairman alia the opposite party No. 5 as; the Vice Chairman by the Councillors. Under Section 41 of the Orissa Municipal Act (hereinafter referred to as the Act) the terms of office is 4 years. The Petitioner, is, therefore, entitled to continue in office until 25 -11 -1973.

(3.) WE are bound by a Bench decision of our Own Court. We are impressed by the reasonings given by the decisions of the Bombay case and the Allahabad case; already referred to and we are of the view that, if the special facts did not exist thee Full Bench in the Maharashtra case would not have taken the view it has. We are therefore, satisfied that the valid vote of want of confidence could be carried if 11 councillors supported it. As that has not been done, the resolution dated 5 -9 -1973 must be taken to have not been legally passed. We do not find any justification to quash the said resolution : We would only hold that the said resolution cannot provide the basis for removal of the Petitioner from the office of Chairman. We accordingly direct the opposite parties 1, 2 and 3 not to take any action as provided under the Act on the basis of the said resolution for removing the Petitioner from the office of Chairman of Hinjilicut Notified Area Council.