BALMIKI PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner is the elected Sarpanch of Karapada Grama Panchayat in the district of Ganjam. Earlier the petitioner filed W.P.(C) No. 375 of 2005 praying therein to declare the provisions of Section 24 of the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as 'the Act') so far as it relates to the vote of 'No Confidence Motion' against the Sarpanch to be ultra vires to the Constitution with other ancillary prayers.

(2.) THIS Court in the case of. Bhagabat Sahoo v. Collector, Angul Ors. 2005 (1) C.L.R. 606 while examining a similar question held Section 24(2)(c) to be intra vires and dismissed a batch of cases along with the said case. Accordingly, by order dated 21.7.2005 passed in W.P.(C) No. 375 of 2005 filed by the petitioner, this Court dismissed the writ application with the observation that the petitioner is not precluded to pursue his legal remedy on the consequence of the resolution passed on the 'No Confidence Motion'.

(3.) LEARNED Counsel for the petitioner relying on the provisions of Section 24(2)(h) of the Act contended that the said provision clearly bars adjournment of a meeting scheduled to be convened with regard to the vote of 'No Confidence Motion'. He further submitted that in the instant case, originally a notice was issued to hold the meeting on 15.1.2005 but the same was adjourned to 2.2.2005 as would be evident from the notice under Annexure -2. Therefore, he submitted that the resolution passed in such an adjourned meeting cannot be given effect to in view of the provisions of Section 24(2)(h) of the Act.