RASHMITA HIKAKA Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER , who is the elected Sarpanch of Kankubadi Grama Panchayat of Rayagada district in the election held in the year 2002, has challenged the notice dated 27.07.2004 issued by the opposite party No. 2 to conduct 'No Confidence Motion' against her as per the requisitions and resolution of some of the members of the said Grama Panchayat. The sole contention of learned counsel for the petitioner is that 15 days' clear notice was not given to the members before holding the meeting proposed as 'no confidence motion'. According to him. the notices were dispatched from the concerned Post Office on 29.07.2004 and the meeting was held on 13.08.2004 and, so the mandate of Section 24(2)(c) of the Orissa Grama Panchayat Act was not fulfilled. He submits that, for contravention of the provision under Section 24(2)(c) of the Orissa Grama Panchayat Act the notice dated 27.07.2004 and the meeting held on 13.08.2004 consequent to the said notice becomes illegal and needs to be quashed. Petitioner relies on Xerox copy of the postal receipt.

(2.) LEARNED Standing Counsel on the other hand submits that notices for the meeting were signed and dispatched on 27.07.2004, and accordingly 15 days' clear notice was available to the members before the date of the meeting. In support of his contention, learned Standing Counsel produced the Issue Register of the Office of the Sub -Collector, Gunupur, the original file pertaining to the matter of vote of 'no confidence' against the petitioner and the original postal receipts regarding issue of the notices to the members.

(3.) IN the aforementioned situation, the impugned notice and the subsequent meeting dated 13.08.2004 are not illegal and cannot be quashed. Thus, the writ petition is devoid of merit and accordingly dismissed. No cost.