PRAHALLAD DALEI Vs. STATE OF ODISHA

JUDGEMENT

(1.) By filing the writ appeal the appellant has assailed the dismissal order dated 20.06.2014 passed by learned Single Judge in W.P.(C) No.11062 of 2014. The appellant has preferred to file this appeal seeking the following relief(s):-

(2.) The case of the appellant before the learned Single Judge was that Sarapanch, Bolagarh Grama Panchayat under Bolagarh Block in Khurda district for last two years was managing the affairs of Grama Panchayat smoothly. While continuing as such, the present respondent no.3, i.e., the opposite party no.3 in the writ petition in his notice no.03(19) dated 11.06.2014 enclosed a resolution passed by nine(9) ward-members for the decision of the Panchayat in their meeting scheduled to be held on 27.06.2014 at 11.00 A.M. in the Bolagarh Grama Panchayat Office. The allegation of the petitioner in the writ petition was that the opposite party no.3 to the writ petition, i.e., present respondent no.3, has not followed the provisions contained in Section 24(2)(a) and (c) of the Orissa Grama Panchayat Act, 1964 (for short the 'Act'). The notice issued by opposite party no.3, is incomplete being violative of Section 24(2)(a) and (c) of the Orissa Grama Panchayat Act, 1964 and, therefore, sought for quashing of the same. The notice of opposite party no.3-respondent no.3 referred to is appearing at Annexure-2 of the writ petition and at Annexure-3 of the writ appeal. The aforesaid writ petition was heard on 20.06.2014 and was dismissed on the same day at the admission stage holding as follows :-

(3.) Being aggrieved by the order of learned Single Judge dated 20.06.2014, the appellant has filed the writ appeal. The appellant while quoting relevant provisions of the Act, sought for quashing of the order of learned Single Judge essentially on the following grounds:-