BAIDHAR SETHI Vs. STATE OF ODISHA AND OTHERS

JUDGEMENT

(1.) In this writ petition, the Sarpanch of Saraswatipur Grama Panchayat assails the notice dated 18.12.2015 issued by the Sub-Collector, Balasore (Sadar), opposite party no.2, under Annexure-1, fixing 8.1.2016 to be the appointed date for moving the no confidence in the Panchayat Office at 11.00 A.M. In essence the petitioner challenges the said notice on two grounds. Firstly it is stated that the petitioner-Sarpanch having not been noticed with fifteen days time for compliance under the provisions of Sec. 24(2)(c) of the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as the Act for brevity) the entire proceeding is vitiated in law and is liable to be quashed. The second ground is that the service of proposed resolution, which is one of the document mandatorily required to be served on the petitioner-Sarpanch, has not been served and is therefore violates the mandatory provisions of law.

(2.) The aforesaid two grounds have been taken in the writ petition. However, in course of hearing, learned counsel for the petitioner raised another point and stated that the so called proposed resolution is in fact a resolution and therefore as there is distinction between the resolution and the proposed resolution, the same should not be taken to be sufficient compliance of the requirement of law.

(3.) On the other hand, learned Addl. Government Advocate for the State produced the records of the proceeding and also argued in support of the contentions raised by the opposite parties 2 and 3 in their counter affidavit. Though learned counsel appearing for the caveator has not filed any counter affidavit, but he as argued at length.