NIMAI CH TANDI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The matter was not in the list today. But on being mentioned, and on the consent of the learned Counsel for the parties, the matter is taken up for hearing and final disposal.

(2.) HEARD Shri H.S. Mishra, learned Counsel for the Petitioner, Shri D.K. Nanda, Learned Addl. Government Advocate for the State and Shri D.K. Joshi, learned Counsel appearing for the caveator, Opposite Party No. 10

(3.) FROM the documents which have been annexed to this Writ Petition, it appears that a requisition for a meeting to record vote of 'no confidence' against the Chairman of the N.A.C. who happens of to be the Petitioner, was signed by nine out of thirteen councillors and the same was addressed to the District Magistrate, which was received by the District Magistrate on 22.6.2006. Thereafter, it appears that the District Magistrate proceeded on leave for some personal ground. But in that case in order to prevent any administrative vacuum an office order was passed by the Joint Secretary to Government of Orissa, General Administration Department, dated 30th June, 2006. By the said office order one Shri Gangadhar Mahananda, O.A. S -1 (S.B.), A.D.M., Nuapada was directed to remain in 'formal charge' of the office of the District Magistrate and Collector, Nuapada, during the absence of Shri P.C. Pathnaik, O.A.S.(S.G.), on leave. It is not in dispute, that the said authorized person who is to function as District Magistrate by virtue of the office order has called a meeting by a notice dated 1st July, 2006, which is scheduled to be held today.