SHYAM KUMAR MEHER Vs. COLLECTOR BARGARH

JUDGEMENT

(1.) Petitioner assails the notice for holding a meeting to move a resolution of no confidence relating to his continuance as Sarpanch of Bijepur Grama Panchayat in the district of Bargarh. According to him, such notice is invalid in view of provisions contained in clause (b) of sub-section (3) of Section 24 of the Orissa Gram Panchayat Act, 1964 (in short, the 'Act').

(2.) A brief reference to the factual aspect is necessary for dealing with the question. Petitioner was elected as Sarpanch of the aforesaid Grama Panchayat in the year 1992. On 3-10-1994 a notice was issued by the Sub-Divisional Officer, Padampur fixing the date, time and place of meeting to move a motion of no confidence against the petitioner on the basis of a requisition received from some ward members to convene such meeting. In the notice, date of meeting was fixed to 21-10-1994. Since the ward members were absent, the meeting stood annulled in view of clause (i) of sub-section (2) of Section 24 of the Act. Subsequently, on 7-12-1994 another notice was issued fixing the date of meeting to be 29-12-1994. Validity of this notice (Annexure3 to the writ application) is subject-matter of challenge.

(3.) In the counter affidavit filed pursuant to notice, it is stated that no confidence can only be brought after lapse of one year from the date of previous meeting convened for the purpose of moving motion of no confidence. It is stated that the said prescription was not kept in view as the copy of Gazette dated 18-10-1994 with regard to amendment of Section 24(3) had not been received.