PRAHALLAD DALEI Vs. STATE OF ODISHA AND OTHERS

JUDGEMENT

(1.) Whether Annexure -3 is the relevant resolution, as contemplated under Section 24 (2)(a) of the Orissa Gram Panchayat Act, 1964 ("the Act" for short), is the only question that arises for consideration in the present writ petition.

(2.) The petitioner, in the present writ petition, impugns the Notice dated 11.09.2014, Annexure -1, issued by the Sub -Collector, Khurda (opp. party no.3) calling upon the petitioner to attend the specially convened meeting for recording confidence against him to be held on 29.09.2014 at 11 A.M. in the office of the Bolagarh Gram Panchayat.

(3.) Petitioner is the elected Sarpanch of Bolagarh Gram Panchayat. Prior to the present move by requisite number of Ward Members against the petitioner, some of the Ward Members including the present opposite party nos.4 to 13 had moved the Sub -Collector, Khurda (O.P.3) earlier expressing want of confidence against the petitioner. Notice dated 11.06.2014 was issued by the Sub -Collector, Khurda fixing the meeting of No Confidence to be held on 27.06.2014. Said notice dated 11.06.2014 was challenged in W.P. (C) No.11062 of 2014 before this Court. This Court, vide order dated 20.06.2014, dismissed the writ petition observing that there is no contravention of Section 24 (2)(a) and (c) of the Act. The petitioner, against the order of the Single Judge, filed W.A. No.227 of 2014. This Court vide judgment dated 05.04.2014 allowed the Writ Appeal and quashed the notice for No Confidence Motion on the ground that the notice given for meeting of No Confidence was not accompanied with requisite requisition and proposed resolution to be moved.