SUBHASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners are elected members of the Odagaon Panchayat Samiti. 15 members out of 26 submitted a memorandum to the Sub-Collector, Nayagarh to convene a special meeting under Section 46-B of the Orissa Panchayat Samiti Act, 1959. The Sub-Collector fixed the meeting at 11 A.M. on 15-9-1993 in the office of the Panchayat Samiti at Odagaon. As it was not possible for him to preside over the said meeting, he authorised the Tahasildar, Khandapara to do the same. Before the meeting could be held, Orissa Ordinance No. 5 of 1993 came to be promulgated. It amended sub-section (4) of Section 46-B with the result that the period during which such requisition was not maintainable in the case of a Chairman or Vice-Chairman was extended from one year to two years. In view of this amendment in law and the communication dated 13-9-1993 received by the Sub-Collector, Nayagarh from the Additional Secretary to the State Government, the Sub-Collector cancelled the meeting. This act of cancellation of the requisitioned meeting by the Sub-Collector is challenged in this petition.

(2.) What is contended by the learned Advocate for the petitioners is that the Ordinance being prospective in operation the Sub-Collector could not have lawfully cancelled the said meeting as the petitioners had acquired a right by then to get the proposed resolution considered at the said requisitioned meeting. It was submitted that it was pursuant to the requisition by 15 members that the meeting was convened. When such a meeting is convened, the Sub-Collector does not possess the power either to adjourn the same or to cancel it. As soon as the date of the meeting was fixed, the requisition got exhausted and, therefore, the subsequent amendment making requisition made within two years not maintainable did not apply to this case.

(3.) The relevant part of Section 46-B reads as under:-