PADMINI NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in this writ petition has assailed the decision of the Sub -Collector, Panposh in convening a meeting for record of no -confidence motion against the petitioner, who is elected Sarpanch of Zadakudar Grama Panchayat in the district of Sundargarh.

(2.) THE petitioner was elected as Sarpanch of Zadakudar Grama Panchayat (in short, 'Grama Panchayat) in the election conducted through the State Election Commissioner under Article 243 -K read with Article 243 -C (2) of the Constitution of India. After the result of the said election was declared on 28th February, 2001, the petitioner was handed over the charge of Grama Panchayat by the authorities on 10.3.2001 for a period of five years as per the provision of Article 243 -E (1) of the Constitution of India. While the matter stood thus, the Sub -Collector, Panposh by his letter No.5867 dated 30.8.2004 convened a special meeting of the Grama Panchayat fixing 16.9.2004 as the date of the meeting for record of no -confidence against the petitioner as Sarpanch of the Grama Panchayat. The petitioner has challenged the said decision of the Sub -Collector, Panposh to convene the special meeting and his letter dated 30.8.2004 under Annexure -1 calling it illegal, arbitrary, motivated and product of gross non -application of mind to both fact and law.

(3.) BEFORE considering the contentions raised by the learned counsel for the respective parties, it would be appropriate to recount relevant portion of Section 24 of the G.P. Act. "Sec. 24. Vote of no confidence against Sarpanch or Naib -Sarpanch - (1) Where at a meeting of the Grama Panchayat specially convened by the Sub -divisional Officer in that behalf a resolution is passed, supported by a majority of not less than two -thirds of the total membership of the Grama Panchayat, regarding want of confidence in the Sarpanch or Naib -Sarpanch the resolution shall forthwith be forwarded by the Sub -Divisional Officer to the Collector, who shall immediately on receipt of the resolution publish the same on his notice -board and with effect form the date of such publication the member holding the office of Sarpanch or the Naib -Sarpanch, as the case may be, shall be deemed to have vacated such office. (2) In convening a meeting under Sub -section (1) and in the conduct of business at such meeting the procedure shall be in accordance with such rules, as may be prescribed, subject, however to the following provisions, namely : - (a) no such meeting shall be convened except on a requisition signed by at least one -third of the total membership of the Grama Panchayat along with a copy of the resolution proposed to be moved at the meeting; (b) the requisition shall be addressed to the Sub -Divisional Officer; (c) the Sub -Divisional Officer on receipt of such requisition shall fix the date, hour and place of such meeting and give notice of the same to all the members holding office on the date of such notice along with a copy of the requisition and of the proposed resolution, at least fifteen clear days before the date so fixed; (d) xxx xxx xxx (e) xxx xxx xxx" Section 24(2) therefore, contemplates that in convening a meeting under Sub -section (1) a requisition must be given to the Sub -Divisional Officer and such requisition should be signed by at least one third of the total membership of the Grama Panchayat along with a copy of the resolution proposed to be moved at the meeting and notice of such meeting along with the copy of the resolution proposed to be moved should be served on the person against whom no confidence motion is proposed and also on all the members holding office of the Grama Panchayat at least 15 days before the date fixed for the meeting. It is alleged that Annexure -2 is not a requisition and Annexure -3 is not the proposed resolution. A close reading of Annexure -2 reveals that 8 out of 12 Ward Members of the Grama Panchayat wrote to the Sub -Collector, Panposh requesting him to take necessary steps and action on the no confidence motion brought by them against the petitioner. The wordings of this document show that it is a letter of requisition sent by the 8 Ward Members to the Sub -Collector. Annexure -3 was enclosed along with Annexure -2. In Annexure 3 it has been mentioned that on 11.3.2004 an urgent meeting under the Chairmanship of Sri Plasidas Kerketta was held with the attendance of the 8 Ward Members and that in the said meeting a thorough discussion was made about the action and manner of functioning of the petitioner -Sarpanch. Some of the alleged misdeeds of the Sarpanch have been noted in Annexure -3 and it has been mentioned that because the Ward Members have lost confidence on the Sarpanch, the signatories proposed no confidence motion against the Sarpanch. Request was also made in this document to the Sub -Collector to take steps under Section 24 of the G.P. Act. Annexure -3 can therefore, be broadly accepted as proposed resolution, which the signatories -members intended to carry out in the meeting to be held on their requisition. Since Annexure -3 was sent as enclosure with Annexure -2, signature of the Ward Members on the document was not essential. Moreover, Section 24(2)(a) simply says that the requisition is to be signed by at least one third of the total membership of the Grama Panchayat and that a copy of the resolution proposed to be moved at the meeting is to be enclosed. Section 24 nowhere says that such copy of the proposed resolution is to be signed by the members giving the requisition.