DASARATHA MUNDA Vs. COLLECTOR

JUDGEMENT

(1.) HEARD Mr. S. C. Samantaray, learned counsel for the petitioner, learned Additional Government Advocate for opposite parties 1 and 2 Mr. D. K. Pradhan, learned counsel for opposite parties 3 to 5.

(2.) A requisition was signed by 11 ward members out of total 13 members of Udayapur Grama Panchayat in the district of Keonjhar along with a resolution proposed to be moved at the meeting to consider the said no confidence motion to the Sub Collector, Keonjhar under Section 24(2) of the Orissa Grama Panchayat Act, on which he issued the impugned notice for convening the meeting to this effect on 28.04.2005 fixing 17.05.2005, against which the instant writ petition has been filed.

(3.) LEARNED counsel for the petitioner has also raised the contentions that two recommendations cannot be made in a year for holding no confidence motion, the resolution to hold no confidence motion is a manufactured document and the requisition did not contain the proposed resolution. He has further contended that 3 ward members, who had signed the requisition and the resolution, had not attended three consecutive meetings of the Grama Panchayat held on 31.01.2005, 25.02.2005 and 30.03.2005 respectively and therefore, they were automatically deemed to be disqualified.