AMIYA RAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard and on consent of the parties, the writ petition is disposed of at the stage of admission.

(2.) Petitioner No. 1 is the Sarpanch and petitioner No. 2 is the Secretary of Palimi Grama Panchayat in the district of Kendrapara. They challenge the order-Annexure-1 communicated to them by Memo No. 740 dated 12.8.2004 from the office of the District Panchayat Officer, Kendrapara, wherein the following order has been passed: Collector, Kendrapara has been pleased to withdraw the financial powers of Sarpanch and Secretary of Palimi G.P. due to violation of provision of O.G.P. Act.

(3.) Contention of petitioners is that Collector and the District Panchayat Officer, Kendrapara have no power and authority under the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as 'the Act') and the Rules made there under to pass such order. A counter affidavit has been filed on behalf of the opposite party No. 2 i.e. the Collector, Kendrapara. The Block-Development Officer, Aul Block has signed that counter affidavit. The said Block Development Officer is the opp. party No. 5. In the counter affidavit, inter alia, it has been alleged that petitioners are not co-operating with the officers deputed for verification of records of the Panchayat, inspection of the accounts and other matter connected with the said Panchayat and also avoiding to co-operate with the Collector and his subordinate officers in the inquiry into the allegations made by some of the Ward Members. While stating so, learned Addl. Govt. Advocate argues that Section 109 of the Act is the relevant provision which empowers and authorizes Collector to pass an order of the nature of Annexure-1 so as to uphold the rule of law and discipline and control unruly Sarpanches and Secretaries of Grama Panchayats.