SARAT KUMAR MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the constitutional validity of sub-sections (6) and (7) of Section 58 of the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as 'the Grama Panchayat Act').

(2.) The petitioner is a retired Assistant Director of Markets, Research and Survey. He claims to be an agriculturist. He states that during his service career he had the occasion to work for the implementation of different provisions of Orissa Agricultural Produce Markets Act, 1956 (in brief, 'the Market Act'). According to him on account of implementation of different provisions of the Market Act there has been boost of better marketing of agricultural produce and the interest of the common agriculturists is being protected from the exploitation of middle-men. It is his case that the provisions contained in sub-sections (6) and (7) which came to be inserted to Section 58 of the Grama Panchayat Act by Orissa Grama Panchayat (Amendment) Act, 1991 (Orissa Act 9 of 1991) have prejudicially effected the interest of common agriculturists besides crippling different provisions of the Market Act.

(3.) V The State of Orissa represented by the Secretary, Panchayati Raj (G.P.) Department which is the sole opposite party in the case has filed counter-affidavit contending that sub-sections (6) and (7) of the Act are intra vires.