SATYANARAYAN PATNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) WHETHER a Municipal Council which has been suspended can be asked to show cause against a notice of supersession is the question which falls to be decided in this petition under Art. 226 of the Constitution of India. The petitioner who is a Councillor of the Parlakhemundi Municipality has filed this petition seeking quashing of the notice in Annexure -2 in which the Municipal Council has been asked to show cause as to why it should not be superseded on charges as stated in the notice.

(2.) THE Municipal Council was suspended on 19 -3 -1986 by issuing a notification under the proviso to Sub -section (2) of Section 402 of the Orissa Municipal Act (for brevity, 'the Act') and thereafter on 9.5.1986 the notice under challenge has been issued.

(3.) THE submission of Mr. Palit, though attractive on the surface, yet does not stand a close scrutiny. The proposition that the person or persons appointed to exercise and discharge the powers and duties of a Muncipal Council is/are the Municipal Council has no substance, A Muncipal Council is established Under Section 8 of the Orissa Municipal Act which is as follows :