PADMANAV THATOI Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution by the Sarpanch of Kutarang Grama Panchayat, challenging the validity of a resolution passed at a meeting held on 19 -3 -1963 at which a vote of on confidence was passed against him and in pursuance of which Government in the Community Development and Panchayat Raj Department by its notification No. 18843 -XXX -51/63 -C.D. dated 19 -11 -1963 published in the Orissa gazette) removed him from the office of Sarpanch of the said Grama Panchayat.

(2.) THE admitted facts are these. The said Grama Panchayat was divided into various wards and the number of members to be elected from each ward was fixed by the District Magistrate of Cuttack on 27 -11 -1959 approving the proposals submitted by the S.D.M. of Kendrapara. In consequence of this delimitation of wards and fixation of the number of members from each ward, the total number of members of the Panchayat was fixed at 18. Apparently this power was exercised by the District Magistrate under Sub -section (4) of Section 10 of the Orissa Grama Panchayat Act. Two of the members died early in 1963. On 9 -1 -1963 ten members of the Panchayat sent a requisition for convening a meeting of the Panchayat for passing a vote of no confidence against the Petitioner Sarpanch. The meeting was actually held on 19 -3 -1963 and was conducted by a gazetted officer, namely the Block Development Officer Shri P.K. Swain (opp. party No. 3). But only 13 members were present at that meeting. 9 of them voted in favour of the no confidence motion recommending the removal of the Petitioner from the office of Sarpanch. We understand from Mr. Misra, counsel for the Petitioner that this recommendation was duly reported to Government and in the aforesaid notification, Government, purporting to exercise their powers under Rule 35(c) of the Grama Panchayat Rules, removed the Petitioner from the office of Sarpanch.

(3.) Mr. Misra further contended that the aforesaid notification of the 21st June 1962 issued in purported exercise of the powers conferred by Section 14 of the Grama Panchayat Act was itself ultra vires inasmuch as it was a colourable device to avoid exercising the rule making power conferred by Section 114 of the Grama Panchayat Act under which alone Rule 35(c) could be properly amended the learned Advocate General thereupon contended that the view taken by us in the aforesaid Division Bench decision required reconsideration. So far as Mr. Misra's contention is concerned we consider it unnecessary to decide it here in view of the fact that we are disposing this petition on other grounds. So far as the contention of the Advocate General is concerned we consider that we are bound by the aforesaid Division Bench decision and he has not made out sufficient grounds to refer the question to a large Bench. For these reasons the petition is allowed and the notification issued by the Government of Orissa, in the Community Development and Panchayat Raj Department on 19 -11 -1963 is quashed. There will be no order for costs.