SASHIREKHA SAMAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this reference, we have been called upon to decide the expression "total number of Councillors" appearing in Section 54(2)(a) of the Orissa Municipal Act, 1950 (hereinafter referred to as "the Act").

(2.) Section 54 of the Act deals with vote of no confidence against Chairperson or Vice-Chairperson. The same is quoted hereinunder:

(3.) In Jagannath Misra v. State of Orissa and others,1974 40 CutLT 53, a Division Bench of this Court, on an interpretation of Section 54(1) of the Act, came to hold that the expression 'total' refers to the total sanctioned strength of the council and not of the existing members at any given point of time. But then, another Division Bench, in Smt. Reena Trivedi v. State of Orissa and others (Review Petition No.197 of 2012 disposed on 12.12.2012), took a contrary view. The later Division Bench of this Court held that a conjoint reading of sub-section (1) and sub-section 2(c) of Section 54 of the Act conveys that two-third of the total number of Councillors shall be worked out with reference to existing councillors.