KIRANBALA SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE writ petitioner, who is the Chairperson of Jatni Municipal Council, Jatni in the district of Khurda, has approached this Court with the following prayer: It is therefore prayed that this Hon'ble Court may graciously be pleased to issue Rule NISI to the Opp. Parties to show cause as to why:

(2.) THE petitioner's case in brief is that she is discharging the duty and responsibility of Chairperson of Jatni Municipal Council being duly elected as such since the month of September, 2004. Opp. party No. 3 is an officer from Orissa Administrative Service and has been posted/deputed as Executive Officer of Jatni Municipality from March, 2004. The Executive Officer, from the date of joining, is acting in a manner detrimental to the interest of the Council by manipulating records including the Resolutions of the Council, in violation of the provisions of the Orissa Municipal Act and Rules made thereunder. Several allegations have been made regarding the illegal activities of the Executive Officer, who has been impleaded by name as opposite party No. 4. A requisition meeting of the Council was held on 19.2.2004 for discussion of the Agenda in terms of the notices issued by the petitioner on 15.10.2004, a copy of which is Annexure -1. However, since the discussion could not be completed, the meeting was adjourned to 5.11.2004. The adjourned meeting was held as per the schedule in terms of Rule 38 of the Orissa Municipal Rules. The petitioner as the Chairperson, closed the meeting after discussion on 5.11.2004, signed the Resolution Book and handed over the same to the Executive Officer (opp. party No. 3), who is the custodian of the records as per law. But the opp. party No. 3, being the custodian of the records had interpolated the Resolution Books and Circulated such resolution amongst the members, which shows that the signature of the petitioner has been erased and the Resolution has been inserted, wherein the Council has withdrawn all the duties and responsibilities of the Chairperson in the garb of delegation of powers by Municipality to the Executive Officer (opp. party No. 4). A copy of said Resolution has been annexed as Annexure -2. According to the petitioner, page 3 of Annexure -2 would show that there are three 'x' marks below which the petitioner has signed and the other Resolutions which are written are inserted by opp. party No. 4 after the meeting was over. The interpolations in the resolutions were allegedly inserted with an evil intention to take away the duties and responsibilities of the Chairmperson vested in her under law in the garb of the delegation of power under Section 96 of the Act. By the insertion, the Executive Officer has assumed all the functions of Chairperson and the post of Chairperson has become functus officio contrary to the provisions of the Act and Rules. It is submitted that the meeting held on 5.11.2004 was an adjourned meeting of the meeting dated 19.10.2004. But the Resolutions manipulated by opposite party No. 4 contains the resolution of 5.11.2004 and not the resolution taken on 19.10.2004. The Resolution said to have been made by the Council has been signed by the Vice -Chairman, who is said to have presided over the meeting on 9.11.2004. Submission is made that the adjourned meeting was held on 5.11.2004, it is purportedly signed on 9.11.2004 and proceeding was dispatched on 19.11.2004, even though in accordance with Rule 71(2) of the Act, the proceeding and resolution ought to be circulated within three days from the date of resolution and, as such, that speaks of manipulation and therefore has no effect.

(3.) OPPOSITE party Nos. 3 and 4 have denied the allegations and averments made in the writ application. It is the case of the Executive Officer by designation and in person, opposite party Nos. 3 and 4, that after joining as the Executive Officer of the Jatni Municipal Council on 19.3.2004, he found mis -management in the office establishment causing loss of revenue in collection of tax and fees during his monthly Revenue Meeting and for improvement and better tax collection, he decided and made re -arrangement of duties of tax and Licence Section Staff in his office order dated 13.7.2004, copy of which is Annexure -A/3. When the writ petitioner found inconvenience in her functioning, she passed order directing the Executive Officer to keep in abeyance the office order and by such action, the collection of tax again deterioated for which the Executive Officer again made another order transferring certain person copy of which is Annexure -6 and it is claimed that by such order the tax collection improved for the period 1.4.2004 to 31.12.2004. However, the order in Annexure -6 was subsequently taken in for discussion in the Council meeting held on 9.8.2004 and the same was annulled, copy of which is annexed as Annexure -B/3. The details of his function has been given but at this moment it is not necessary nor relevant to go into such minute details. It is stated that on 5.11.2004, the date of the adjourned meeting, the Executive Officer came to the office at 10 O' Clock but he was gheraoed since the municipal staff had not received their salaries and he brought the same to the notice of the Council at the out set of the meeting. The writ petitioner pinned him down on the plea that the same was not in the agenda and, as such, cannot be discussed. The Executive Officer has taken the stand that on 5.11.2004, the writ petitioner who is the chairperson of Jatni Municipal Council was presiding the Council Meeting and'all on a sudden she left the meeting hall without adjourning the meeting or without declaring the closure of the meeting for the day and thereafter on the demand of the Council in majority, the Vice -Chairperson of Municipality, opposite party No. 5, presided over the meeting and various resolution, such as resolutions relating to developmental work which was in the agenda of the adjourned meeting were discussed and necessary resolutions were passed. The writ petitioner all on a sudden entered into he Council hall and snatched away the Minutes Boo.k from the hands of Sri Sripati Sahoo who was deputed as temporary Council Clerk to the Council Meeting held on 5.11.2004. At about 5 p.m. on 5.11.2004, the Chairperson sent the Minutes Book to the deponent and after receipt of the same and after going through the proceedings of the day, he sought an explanation from Sri Sripati Sahoo as to why he had not recorded the discussions made and resolutions taken in the meeting. Sri Sahoo submitted his show cause on 6.11.2004. On 6.11.2004 Sri Sripati Sahoo took the minutes book from the Executive Officer to the office of the Vice Chairperson and from the office of the Vice Chairperson the deponent received the Minutes Book on 9.11.2004 and after receipt of the same he directed the staff to circulate the same to the Councillors, Collector and District Magistrate and other officials. He however says that later he came to know that the concemed peon distributed the proceedings of the Council meeting dated 5.11.2004 on 19.11.2004 and when it came to his knowledge, he sought an explanation from the peon. The Executive Officer while denying the allegations as wild, mischievous and mala fide has alleged that on 6.10.2004 when the review meeting was being conducted by the petitioner regarding progress of different developmental work undertaken and to be undertaken by the Municipality, without inviting the Works Committee, the petitioner having allowed her husband Dr. G. P. Singh (the Ex -Chairperson of Jatni Municipality) to participate in the meeting, the deponent objected his participation for which he was asked to go out of the meeting.