PARESH NATH KUANR Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner, who is the Sarpanch of Madanpur Grama Panchayat in the District of Keonjhar, has filed this Writ Petition against the impugned notice dated 4.4.2005 issued by the Sub -Collector, Anandapur under Section 24(2) of the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as 'the Act'). Further, he has prayed for declaring Section 24 of the Act as ultra vires the Constitution of India.

(2.) THE brief facts of the case are that the petitioner was elected as Sarpanch of Madanpur Grama Panchayat in the last Panchayat election held in March, 2002. The elected ward members convened a meeting presided over by the Naib Sarpanch on 18.3.2005. In that meeting, 16 ward members were present including the Naib Sarpanch. They passed a resolution to bring 'No Confidence Motion' against the petitioner and forwarded the same along with an application singed by all the 16 persons to the Sub -Collector with request to take steps to execute the proposed no confidence motion against the petitioner which was received in the office of the Sub -Collector, Anandapur on 4.4.2005.

(3.) THEREAFTER the Sub -Collector, Anandapur issued orders on 5.4.2005., According to Order No. 2016 dated 5.4.2005, Sri Maheswar Swain, O.A.S., Tahasildar, Anandapur was authorized to preside over, conduct and regulate the proceedings of the special meeting of Madanpur Grama Panchayat scheduled to be held on 23.4.2005 at 11 A.M. in Madanpur Grama Panchayat Office for discussion about want of confidence proposed against the Sarpanch. By the said order dated 5.4.2005, the Sub -Collector, Anandapur directed Sri Maheswar Swain, Tahasildar to conduct the special meeting of Madan Grama Panchayat on 23.4.2005 at 11 A.M. Sri Bichitra Kumar Kar, G.P.E.O., Anadapur was directed to assist him vide order dated 5.4.2005. He was directed to spare one ballot box available in the Block office for the above purpose. Copies of the said order dated 5.4.2005 were sent to the Collector, Keonjhar/District Panchayat Officer, Keonjhar/Block Development Officer, Ghasipura/Anandapur/Sub -Divisional Police Officer, Anandapur/C.I. of Police, Anandapur/ O.I.C., Ramachandrapur P.S. and the Executive Officer, Madanpur Grama Panchayat, But on 21.4.2005, this Court directed the Collector, Keonjhar not to notify the result of the no confidence motion without leave of this Court and, therefore, the result of the no confidence motion has not been declared so far, although the meeting was conducted according to the above mentioned directions of the Sub -Collector by the Tahasildar, Anandapur on the scheduled date and time.