BHAGABAT SAHOO Vs. COLLECTOR

JUDGEMENT

(1.) As a common question has been raised by the petitioner in all the above Writ Petitions, they were heard together and thus, are disposed of by this common judgment.

(2.) THE petitioners in all these Writ Petitions call in question the Constitutional validity of Section 24 of the Orissa Grama Panchayat Act, 1964. Mr. S.P. Mishra, Learned Counsel appearing on behalf of the petitioner in W.P.(C) No. 11698 of 2004 contended that by the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as 'the New Act'), the previous Act, namely, the Orissa Grama Panchayat Act, 1949 (hereinafter referred to as 'the Old Act') was repealed. Section 16(1) of the Old Act provided that every Grama Sabha shall elect in the prescribed manner from among its members an Executive Committee, which shall be known as the Grama Panchayat. The said Grama Panchayat, subject to the provisions of Section 18 thereof, shall elect a Sarpanch and a. Naib -Sarpanch from among its members. Section 18 of the said Act provided that notwithstanding anything contained in Section 19(1), the Sarpanch and the Naib -Sarpanch of the first Grama' Sabha shall hold office for a term not exceeding three years and shall be eligible for re -election for one further term of three years. Mr. Mishra, further contended that Rule 35(c) framed under the Old Act provided for removal of Sarpanch if such removal is recommended by a resolution of the Grama Panchayat passed in a special meeting called for the purpose and supported by the votes of not less than two -thirds of the sanctioned strength of the Grama Panchayat. However, he submitted that under the new Act, the Sarpanch of a Grama Panchayat, unlike the Old Act, is directly elected by the electorates of the Grama Sasan who have been registered by virtue of the Representation of the People Act, 1950 as voters for any Assembly constituency relating to a Grama. He, therefore, contended that removal of a Sarpanch by vote of 'no confidence' by the Ward Members as provided under Section 24 of the New Act is unconstitutional, discriminatory and contrary to the democratic principles. The further contention on behalf of the petitioner is that in view of several other provisions made under the New Act providing sufficient checks against the lapses on the part of the Members, Naib -Sarpanch and Sarpanch of a Grama Panchayat, enactment of Section 24 of the New Act providing removal of Sarpanch by a vote of 'no confidence' by the Ward Members is contrary to the spirit of self -Government conceptualized under Article 40 of the Constitution of India and results in giving unfettered power to the Ward Members for unseating the Sarpanch who is elected directly by the inhabitants of the Grama, as their leader. Thus, the power of removal of Sarpanch who is directly elected by the people, at the instance of the Ward Members is against public interest and, is liable to be struck down as ultra vires the Constitution of India.

(3.) RELIANCE is placed by the petitioners on the decisions of the Supreme Court in the case of The State of West Bengal v. Anwar Ali Sarkar and Anr., AIR 1952 SC 75 and The State of Madras v. V.G. Row, AIR 1952 SC 196.