GOURANG CHARAN KHUNTIS Vs. STATE

JUDGEMENT

(1.) An order passed under Section 115(6) of the Orissa Gram Panchayat Act, 1964 (hereinafter referred to as 'the Act') removing the petitioner as Sarpanch of Beri Gram Panchayat is the occasion for filing this application. That Section vests power in the Collector (opposite party No. 2) that if he is of the opinion that the Sarpanch has failed in convening any meeting of the Gram Panchayat within a period of three continues months he may, after enquiry as deemed fit, pass orders removing him from office and may also declare him not eligible for election as a member for a period not exceeding one year. By the impugned order the petitioner has also been debarred for one year with effect from 18-10-1993 to be eligible for election to the office of the Sarpanch. Before the order was passed notice was issued to him on 10-51993, Annexure 5 to the petition, by the District Panchayat Officer to show cause against suspension / removal since it had been noticed that he was not found in the Gram Panchayat headquarters nor had convened any meeting of it as a result of which its work had come to a stand-still causing violation of Section 19 of the Act, and that in his absence from the headquarters, the Naib Sarpanch was convening and conducting the Gram Panchayat meetings. The petitioner showed cause, as in Annexure-6, on 20-5-1993 denying the allegations and requested that his representation made to the Collector on 26-3-1993 should be taken into consideration in the matter. In the reply he stated also that the notice to show cause was a camouflage of the failings of the administration and he also asked for a personal hearing. The Collector however passed order on 18-10-1993 as in Annexure-8 which is impugned in the case. In passing the order the petitioner was not granted any personal hearing.

(2.) On rule being issued, counter affidavit and a further affidavit have been filed by the opposite parties who are respectively the State of Orissa, the Collector and the Block Development Officer. The stand taken in the affidavits is of the petitioner having come under the mischief of Section 115(6) of the Act as he did not convene any meeting of the Gram Panchayat within three consecutive months which entailed his removal and disqualification. The petitioner has also filed a further affidavit.

(3.) A factual chronology of events as are revealed from the pleadings of both sides is necessary for appreciation of the questions raised. The Gram Panchayat admittedly had no elected representative some years prior to the election of the petitioner as Sarpanch which was on 25-5-1992. Prior to it the Gram Panchayat was being managed by the officers functioning under the control of the Collector. The previous Secretary of the Gram Panchayat Sk. Md. Hussain resigned from his job with his resignation accepted on 18-51992. After election, the petitioner, without having knowledge of the resignation of Sk. Md. Hussain, addressed a letter to him to attend the Gram Panchayat office and have discussion with him. There having been no response to his letter, he addressed a letter to the Chairman of the Beri Panchayat Samiti on 28-8-1992 bringing to his notice of he having not been handed over the charge of the Gram Panchayat and that though he had repeatedly brought the matter to the notice of the Gram Panchayat Extension Officer, no action had been taken. He also stated of the Secretary having not submitted the records of the Gram Panchayat and not appearing in the office of the Gram Panchayat. A similar letter was addressed by petitioner to the Block Development Officer on 27-8-1992. In the letter he informed the Block Development Officer of his having informed him the matter earlier and requested him to permit him to open new Notice Book, Minute Book and Cash Book and appoint a new Secretary so as to begin the Panchayat work. The letters to the Chairman of the Panchayat Samiti and the Block Development Officer are Annexure-1 series to the petition. It is revealed from the counter affidavit of the State that Sk. Md. Hussain handed over the records of the Panchayat to the Gram Panchayat Extension Officer on 3-12-1992 in pursuance of the direction of the Block Development Officer. On 15-12-1992 the Block Development Officer directed the village Level Worker vide Annexure-G to act as the Secretary of the Gram Panchayat and take over charge from the Gram Panchayat Extension Officer. It is the common case of the parties that the Village Level Worker did not agree to act as the Secretary of the Gram Panchayat in view of a decision taken by their Association not to act as such. Being unable to get the records of the Gram Panchayat and the Gram Panchayat office having been locked, the petitioner obtained an order from the Sub-Divisional Magistrate for an inventory of the Gram Panchayat office which was carried out in presence of the Additional Tahasildar, Binjharpur. The report of the inventory was made by the Additional Tahasildar on 20-11993 to the Block Development Officer informing that the records of the Gram Panchayat were not available in the Gram Panchayat office. The letter is Annexure-H to the counter affidavit. On 3-2-1993 vide Annexure-9 the Block Development Officer directed one Suresh Chandra Panda, the Secretary of Beinsiria Gram Panchayat to act also as the Secretary of the Beri Gram Panchayat and to take over the charge of the records from the Gram Panchayat Extension Officer. On 26-3-1993 the petitioner made representation to the Collector stating in detail the difficulties faced by him in securing the possession of records in spite of his attempts for which he had not been able to function and also made a request for enquiry into the conduct of the Secretary and the Block Development Officer. Thereafter the notice in Annexure-5 was issued to him and on his showing cause, the order on 18-10-1993 was passed.