MAHADEV PRADHAN Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) Petitioner calls in question legality of the order passed by the Collector, Sambalpur, placing him under suspension in exercise of power conferred under Sec. 115(1) of the Orissa Gram Panchayats Act, 1964 (in short, the Act).

(2.) Without unnecessary elaboration, petitioners case is as follows:

(3.) Petitioners main stand in the writ application is that there was no report of the Sub-divisional Officer which is the sine qua non for initiation of the proceeding under Sec. 115(1) of the Act. Strong reliance was placed on two decisions of this Court in Tarini Tripathy Vs. Collector, Koraput, (1986) 62 CLT 548 , and in Krutibash Rout Vs. Collector, Cuttack, (1990) 32 OJD 106 (Civil). It was also urged that Collector's conclusion that continuance of petitioner as Sarpanch would be detrimental to interest of the Grama Panchayat and inhabitants of the Grama, is based on material.