RUSHINATH ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner who is Naib -Sarpanch of Raisuan Grama Panchayat in the District of eonjhar has filed this Writ Application challenging the Order dated 3.8.2004 passed by the Sub -Collector, Keonjhar adjourning the date of meeting of the Grama Panchayat for holding no -confidence motion against him from 12.8.2004 to 23.8.2004.

(2.) CASE of the petitioner is that after retirement from Government service he was elected as Naib -Sarpanch of Raisuan Grama Panchayat in the District of Keonjhar. Grama Panchayat is represented by 18 Ward Members and 13 Ward Members out of them connived with the Srapanch and having taken a decision to remove the petitioner from the post of Naib -Sarpanch brought a requisition against the petitioner for holding no -confidence motion. On receipt of the requisition the date of no -confidence motion was fixed to 12.8.2004 at 11 A.M. Before the said date the impugned Order dated 3.8.2004 was passed adjourning the meeting for no -confidence motion from 12.8.2004 to 23.8.2004. The only ground in this Writ Application is that under Section 24(2)(h) of the Orissa Grama Panchayat Act, 1964 once a meeting is fixed to a particular elate, same cannot be adjourned and therefore the impugned order in Annexure -4 is illegal. This being the question of law raised before this Court, Learned Counsel for the State did not want to file counter -affidavit and on consent of Learned Counsel for the petitioner as well as Learned Counsel for the State, we took up the matter for hearing and disposal.

(3.) FROM the documents annexed to the Writ Application, it appears that on the basis of a requisition brought by required number of Ward Members vote of no -confidence motion against the petitioner was fixed to 12.8.2004 at 11 A.M. The Sub -Collector by his letter dated 28.7.2004 had intimated about fixation of the said date. However in the impugned letter dated 3,8.2004 the date of holding vote of no -confidence was adjourned from 12.8.2004 to 23.8.2004 for unavoidable reasons. Much reliance was placed by the Learned Counsel for the petitioner on Section 24(2)(h) of the Orissa Grama Panchayat Act, 1964. Said provision runs as follows :