NILAMBAR MAJHI Vs. SECRETARY TO GOVT OF ORISSA

JUDGEMENT

(1.) THE writ petition is taken up for final disposal at the stage of admission on the consent of learned counsel for the parties.

(2.) HEARD .

(3.) MR . Jairaj Behera, learned counsel for the petitioner submits that the impugned notice and the meeting dated 30.05.2005 are illegal as clear 15 days time was not given between the date of issuance of notice and the date of meeting as contemplated in Section 24 (2)(c) of the Orissa Grama Panchayats Act, 1964 (hereinafter referred to as 'the Act'). According to him, the provision of Section 24(2)(c) of the Act being mandatory in nature, the vote of no confidence recorded in the meeting dated 30.05.2005 is illegal and must be quashed. In support of that contention he relies on ratio in the case of Smt. Heeramani Munda v. Collector, Keonjhar and Ors., 99 (2005) CUT 180 wherein a Division Bench of this Court held that 15 days clear notice must be there and that the date of issue of notice and the date of meeting fixed for no confidence motion are to be excluded in computing the notice period of 15 days.