SANATAN JENA Vs. COLLECTOR

JUDGEMENT

(1.) THE petitioner, the elected Sarpanch of Iswarpur Grama Panchayat in the district of Balasore seeks to impugn the order dated 15th December, 2003, Annexure -6, passed by the Collector and District Magistrate, Balasore, opposite party No. 1 in purported exercise of the power conferred upon him under Section 15(1) of the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as 'the Act'), suspending the petitioner from the post of Sarpanch.

(2.) MR . Jagannath Patnaik, learned Senior Advocate appearing for the petitioner, assails the order Annexure -6 on the ground that the same is contrary to the stipulations embodied in Section 115 of the Act and reveals complete non -application of mind of the Collector and District Magistrate. According to him, the impugned order also does not satisfy the mandatory requirements of the Act.

(3.) LAW is well settled that an elected representative like Sarpanch can be suspended only if the pre -requisite conditions stipulated under Section 115(1) of the Act are satisfied. Before passing an order of suspension, the Collector is required to form an opinion that the Sarpanch has wilfully committed any illegality or irregularity. A reading of Section 115(1) of the Act clearly reveals that the Actmandates that if the Collector on an enquiry or inspection made by him or on the report of the Subdivisional Officer is of the opinion that circumstances exist to show that the Sarpanch or the Naib -Sarpanch of a Grama Panchayat 'wilfully' omits or refuses to carry out or violate the provisions of the Act or the Rules or Orders made thereunder or abuses the powers, rights and privileges vested in him, he may be suspended. The Legislature in its wisdom has specifically stipulated that the acts of omission or commission by the Sarpanch must be wilful and not through inadvertence.