CHANDRAMA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner Mr. Samarendra Mohanty, learned Additional Government Advocate for the opposite party Nos.1 to 5 and Shri Mitrajeet Rath, learned counsel for the caveator and intervenor. The petitioner, who is the Sarpanch of Jharmunda Grama Panchayat in the district of Jharsuguda was elected as such in the year 2002. The term of office of the Sarpanch is 5 years from the date fixed for its first meeting. Therefore, his term of office would expire in 2007 on completion of five years. A meeting of the members of the Grama Panchayat convened by Naib Sarpanch was held on 11.9.2005 in which a resolution signed by nine Ward Members, out of total number of fifteen Ward Members of the Grama Panchayat, to consider the no confidence against the present petitioner (Sarpanch) was proposed to be moved. Consequently a requisition for convening the meeting was sent to the Sub Divisional Officer concerned. On receipt of the requisition, the Sub Collector, Jharsuguda fixed 20.10.2005 for the meeting to consider the proposed resolution regarding loss of confidence in the Sarpanch vide his notice dated 12.9.2005 circulated to the members of the Grama Panchayat including the present petitioner to remain present in the meeting. The petitioner has challenged the above mentioned notice dated 12.9.2005 of the Sub -Collector on the ground that earlier a similar requisition for convening a meeting was sent to the Collector after holding a meeting by some of the members of G.P. headed by the Naib Sarpanch to consider proposed no confidence motion on 23.8.2005, but the Sub Collector after careful consideration of the said requisition rejected the same vide order -dated 9.9.2005. But only three days thereafter, i.e. on 11.9.2005, the Naib Sarpanch convened another meeting attended by nine members of the G.P. passed the aforesaid resolution and sent the requisition accordingly. According to the learned counsel for the petitioner, the subsequent requisition dated 11.9.2005 passed by nine members headed by Naib -Sarpanch is against the law on the ground that it has been provided in Sub -section 3 of Section 24 of the Orissa Grama Panchayat Act (herein after referred to as 'the Act) that when a meeting has been held in pursuance of Sub Section (2) of Section 24 of the Act for recording want of the confidence in the Sarpanch or Naib -Sarpanch as the case may be, no fresh requisition for meeting shall be maintainable in cases falling under Clauses (i) and (j) of the said sub -Section or where the resolution is defeated after being considered at the meeting so held, before the expiry of one year from the date of such meeting. Before proceeding further, it is necessary to peruse the relevant provisions of Section 24 of O.G.P. Act which are quoted as here under: "24. Vote of no confidence against Sarpanch or Naib -Sarpanch -(1) Where at a meeting of the Grama Panchayat specially convened by the Sub -Divisional Officer in that behalf a resolution is passed supported by a majority of not less than two -thirds of the total membership of the Grama Panchayat, regarding want of confidence in the Sarpanch or Naib -Sarpanch the resolution shall forthwith be forwarded by the Sub -Divisional Officer to the Collector, who shall immediately on receipt of the resolution publish the same on his notice -board and with effect from the date of such publication the member holding the office of Sarpanch or the Naib -Sarpanch, as the case may be, shall be deemed to have vacated such office.

(2.) IN convening a meeting under Sub -section (1) and in the conduct of business at such meeting the procedure shall be in accordance with such rules, as may be prescribed, subject however to the following provisions, namely; (a) no such meeting shall be convened except on a requisition signed by at least one -third of the total membership of the Grama Panchayat along with a copy of the resolution proposed to be moved at the meeting; (b) the requisition shall be addressed to the Sub -Divisional Officer; (c) the Sub -Divisional Officer on receipt of such requisition shall fix the date, hour and place of such meeting and give notice of the same to all the members holding office on the date of such notice along with a copy of the requisition and of the proposed resolution, at least fifteen clear days before the date so fixed; xxx xxx xxx