MANASWINI BALIARSINGH Vs. STATE OF ODISHA

JUDGEMENT

(1.) THE petitioner in W.P.(C) No. 10475 of 2014 being the appellant has filed this appeal challenging the judgment dated 27.08.2014 passed by the learned Single Judge dismissing the writ petition and directing to declare the result of "No Confidence Motion".

(2.) THE factual matrix of the case in hand is that the appellant being the petitioner filed the writ petition challenging the notice dated 28.4.2014 issued by the Sub -Collector, Puri inter alia to convene a special meeting of the Panchayat Samiti on 07.06.2014 for recording vote of "No Confidence" against her on the ground that the same was illegal, arbitrary and violative of the provisions enshrined in Article 243E of the Constitution of India, transgressing the provisions contained in Section 46B of the Orissa Panchayat Samiti Act, 1959,(hereinafter to be referred to as "the Act") read with Rules 8 and 9 of the Panchayat Samiti (Conduct of Business) Rules, 1969 and above all was violative of the circular of the State Government in the Department of Panchayati Raj bearing No. 31535 dated 30.9.2009.

(3.) MR . R.K. Mohapatra, learned Government Advocate strenuously urged that the finding of the learned Single Judge is wholly justified and therefore, the same should not be interfered with in this appeal. He has emphatically submitted with reference to Annexure -1, the notification issued by the P.R. Department dated 30.9.2009 that before issuing the impugned notification by the Sub -Collector on 28.5.2014 vide Annexure -3, to convene a special meeting to hold "No Confidence Motion" on 7.6.2014, the summon issued by His Excellency the President of India in Annexure -2 had not seen the light of the day. Rather, such summon was issued two days after the impugned notification was issued in Annexure -3 dated 28.5.2014, i.e. on 30.5.2014, more so, 7.6.2014 being a Saturday, an off day of the Parliament, in the event the vote of "No Confidence Motion" was held, it would not cause any prejudice to anybody and at the same time, it is stated that on 7.6.2014 the local Member of Parliament had also participated in the vote of "No Confidence Motion" and therefore, the reliance placed on Annexure -1, the Government circular dated 30.9.2009 not to hold "No Confidence Motion" on 7.6.2014, was of no consequence.