GOVINDA CHANDRA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition has been filed with the prayer to quash and set aside Resolution dated 10.1.2006 of the Notified Area Council, Kamakshya Nagar (in short, the N.A.C.), which was published as a news item in the newspaper dated 11.01.2006. Xerox copy of the relevant paper cutting is Annexure-8.

(2.) It is the case of the petitioner that the N.A.C. consists of twelve Wards and in the last election have was elected as the Councilor of Ward No.6. He was also elected by the Ward Members to be the Chairman of the N.A.C.

(3.) Petitioner states that on 20.12.2005, a meeting of the council was convened by eight Ward Members. They passed a Resolution to move vote of no confidence against the petitioner. Accordingly, they took action as contemplated under Section 54(2)(b) of the Orissa Municipal Act, 1950 (in short, the Act). Requisite request and the requisition was made by them to the opposite party No.3, i.e. District Magistrate, Dhenkanal. On 22.12.2005, Sananda Dehuri, Councilors of Ward No.9 tendered resignation, Annexure-2. On 22.12.2005, petitioner decided to convene a meeting of the N.A.C. on 28.12.2005 and accordingly, agenda of such meeting was determined and notice was given to all the Councillors. A copy of such notice is Annexure-3. Petitioner also directed opposite party No.5, the Executive Officer of the N.A.C. to place the matter of resignation in the agenda of the next meeting. On 28.12.2005, due to lack of quorum, no business was transacted in the meeting. The meeting was adjourned to 31.12.2005 and notice was accordingly sent to the Councilors, Annexure-4 is a copy of such notice. In the adjourned meeting held on 31.12.2005, resignation of Sananda Dehuri was accepted w.e.f. 22.12.2005. Opp.party No.5 was also present in that meeting. Resolution of the meeting dated 31.12.2005 is Annexure-5.