NIMAIN CHARAN MOHANTY Vs. STATE

JUDGEMENT

(1.) Nimain Charan Mohanty is the Chairman of Oondia Panchayat Samiti in the district of Dhenkanal. Election had taken place on 14-7-1992 in terms of S.16 (3) of the Orissa Panchayat Samiti Act, 1959 (the Act). Sometime in early August, 1994, 15 members of the Panchayat Samiti had sent to the Sub-Collector, Dhenkanal, a requisition petition to convene a special meeting of the Samiti for consideration of a no-confidence motion against the Chairman. Vide order dated 28-8-1994, the said requisition petition was rejected and hence not acted upon on the ground that the petition was not in order in terms of clause (a) of sub-sec. (2) of S. 46-B of the Act, which provides for signature of atleast 1/3rd of the members with a right to vote. Consequently, no special meeting was in fact, convened. On 25-10-1994, a second requisition for the same purpose, signed by 30 members, was given, pursuant to which a special meeting, as contemplated by S. 46-B, has been convened by the Sub-Collector on 9-11-1994. Out of 30 signatories on the requisition, 13 are members of the Samiti with a right to vote. The total membership of the Panchayat Samiti with right to vote is 24. Is the second requisition and the order of convening the special meeting legal? The Chairman says that it is not, and hence this petition by him to stall the meeting scheduled for tomorrow.

(2.) Only the following three grounds have been pressed into service before us by Shri Das, learned counsel for the petitioners: - (1) The requisition is in violation of S. 46-B(3) (as recently amended) having been issued within one year of the first requisition. (2) It is in violation of S. 46-B (2)(a) having been signed by majority of Samiti members who have no right to vote. (3) It is a mala fide move by the Sarpanchas for political considerations.

(3.) Section 46-B lays down a near complete procedure and machinery to deal with the no-confidence vote against the Chairman and the Vice-Chairman of a Samiti. We reproduce the said provision for ready reference: -