AINTHU SAHOO Vs. GOVERNMENT OF ORISSA

JUDGEMENT

(1.) IN this writ application, the petitioner Mr. Ainthu Sahu has challenged the validity of the State Governments Order communicated vide letter No.4422 dated 25.3.2006 by the Planning and Co -ordination Department (Annexure -4) whereby the petitioner was informed that his term of appointment as the Chairman of the Western Orissa Development Council (WODC) would expire on 26.3.2006 whereas the claim of the petitioner was that his present tenure would have lasted till 18.6.2008 and seeks a declaration to such effect.

(2.) THE relevant uncontroverted facts of the present case are narrated hereunder: A. 05.12.2000 The State of Orissa enacted Orissa Act 10 of 2000 known as the Western Orissa Development Act, 2000 (hereinafter referred to as the 'WODC Act 2000) published in the Orissa Gazette on 5th December, 2000 (Annexure -A) with the following objectives: "An Act to provide for the establishment of a council for the accelerated development and advancement of certain districts of western parts of Orissa and for matters incidental thereto or connected therewith." By the aforesaid enactment the earlier enactment known as the Western Orissa Development Council Act, 1998 was repealed. B. Dt. 26.3.2001 In purported exercise of the powers U/s. 3(1) vested in the State of Orissa by the W.O.D.C. Act, 2000, the State issued a notification No.6684 dated 26.3.2001, "establishing and constituting" the W.O.D.C. consisting of 17 members with 8 vacancies (Experts) (Annexure -1), and appointed Sri Ainthu Sahu (the petitioner) as an 'Expert Member and 'Chairman of the W.O.D.C. C. Pursuant to the aforesaid notification U/s. 3(1) of the W.O.D.C. Act 2000 dated 26.3.2001, the present petitioner assumed charge of the office of Chairman on and from 26.3.2001 A.N. vide Annexure -C. D. 19.06.2001 The State of Orissa amended various provision of W.O.D.C. Act 2000 by enactment of Orissa Act 8 of 2001 termed as the Western Orissa Development Council (Amendment) Act, 2001 published in Orissa Gazette dated 19th of July 2001 (hereinafter referred to as "Amendment Act, 2001") amending various provisions of the W.O.D.C. Act 2000 (Annexure -B), the relevant parts of which will be dealt in hereinafter. E. 17.03.2003 The State of Orissa in exercise of powers conferred U/s.21 of W.O.D.C. Act, 2000 framed the Western Orissa Development Council Rules, 2003 for giving effect to the provisions of the Act (hereinafter referred to as the 'WODC Rules, 2003) and the same was notified vide notification dated 17th March, 2003 and published in the Orissa Gazette dated 25th March, 2003. F. 18.6.2003 Thereafter by the notification No.10711 dated 18th June 2003, the Govt. Orissa in the Planning and Co -ordination Department issued a further notification purportedly U/s.4 of the Western Orissa Development Act, 2000 "reconstituting" the Western Orissa Development Council established and constituted by the Governments earlier notification dated 26th March 2001 (Annexure -2) wherein Sl. No.1, the name of the petitioner Sri Ainthu Sahu (expert member) is indicated as Chairman.

(3.) IN the light of the aforesaid rival contentions the present writ application has come to be filed with the following prayer : "(i) Issue a writ or direction or order in the nature of certiorari quashing Annexure -4. (ii) Issue an interim direction in the nature of Mandamus directing immediate stay of operation of Annexure -4. (iii) Issue an order/direction in the nature of Mandamus allowing the petitioner to continue as Chairman of the Council till expiry of the term on 18.6.2008. (iv) And pass any such order/orders, which Your Lordships may deem fit in the interest of justice and to allow the writ petition with costs."