BRUNDABATI PRADHAN Vs. STATE OF ODISHA AND ORS.

JUDGEMENT

(1.) The petitioner, who is the elected Sarpanch of Tinkbir Grama Panchayat in the district of Deogarh, has challenged, in this writ application, the notice dated 12.08.2014 issued by the Sub-Collector, Deogarh- opposite party No.3 calling upon the petitioner to attend the meeting of "No Confidence Motion" to be held on 28.08.2014.

(2.) The present petitioner was elected as Sarpanch in the Grama Panchayat Election held in February, 2012. While she was acting as such, requisite number of Ward Members adopted a resolution on 08.08.2014 to table a "No Confidence Motion" against the petitioner. On the same day, requisition was sent to the Sub-Collector, Deogarh- Opposite Party No.3 along with the proposed resolution by the said Ward Members for necessary action at his end. On receipt of such requisition, the SubCollector, after due processing, fixed the date, hour and place of the specially convened meeting and issued notice on 12.08.2014 calling upon the petitioner to attend the meeting of "No Confidence Motion" to be held on 28.08.2014.

(3.) It is alleged by the petitioner that the aforesaid notice dated 12.08.2014 vide Annexure- 1 was issued by the concerned Post Office on 16.08.2014 and it was received by the petitioner on 20.08.2014. It is, therefore, urged that there being no clear 15 days notice as contemplated under Section 24 (2) (c) of the Orissa Grama Panchayat Act (for short, "the Act"), notice vide Annexure- 1 is to be quashed, the meeting being a nullity.