ANANDA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) What is there in a 'Name' ? 'Rose' by any Other name would smell as sweet, was the poetic expression of will I am Shakespeare centuries ago. The importance of a name is the subject -matter of this writ application,

(2.) THE petitioner has filed this writ application challenging the recording of the name of the village/Grama as 'THURUBURAI' instead of 'THURUBURAI' ? So far as description in English is concerned, there is no difference as it is spelt as 'THURUBURAI', but the spelling and pronunciation in Oriya has assumed importance in view of the question of reservation of seats for election to the Panchayat Samiti. As per provisions of Section 16 of the Orissa Panchayat Samit Act (hereinafter called the 'Act'), the Samiti is to be divided into Constituencies. Section 16 (2 -A) of the Act prescribes about the manner of division of Constituencies. Section 16 (2 -A) (d) reads as. follows: ' (2 -A) The manner in which the Samiti area shall be divided into constituencies for the purpose of Clause (b) of Sub -section. (1) and the seats therein shall be reserved for the purposes of Clauses (a), (b) and (c) of Sub -section. (2), shall be as follows : (a) ...................... (b)..............:......... (c) Every constituency shall bear the same name as of the Grama and the names of the Constituencies shal5 be arranged serially in Oriya alphabetical order : Provided that...' Section 16 (2 -A) (d) provides for reservation for women. The said clause is extracted hereunder: (d) After the names of the Constituencies are so arranged, the Collector shall reserve the required number of Constituencies for women in the following manner : (i) reservation of constituencies for women shall be made for the Scheduled Castes at the first instance and then for the Scheduled Tribes and, in computing one -third of the total number of constituencies, the constituencies reserved for women belonging to the Scheduled Castes and the Scheduled Tribes shall be taken into account; (ii) out of the constituencies left in the list of the Oriya alphabetical order for candidates other than the Scheduled Castes and the Scheduled Tribes, the constituency which appears first and, thereafter, . every third Constituency shall be reserved for women, until the required quota is completed ; and ? (iii) as nearly as may be, but not less than, one -third of the constituencies reserved for them members of the Scheduled Castes and the Scheduled Tribes shall be reserved for women belonging to the Scheduled Castes and the Scheduled Tribes in the manner hereinbefore provided.' Thus, the question of reservation for women is inter -linked with the Oriya name of the constituency. The petitioner who is a resident of Thuruburai claims that his constituency should have been named as 'THURUBURAI' and not 'THURUBURAI'. as has been done in Anne -xures -1 and 3. The petitioner submits that though a representation had been made under Annexure -5, the Collector without considering the various materials on record has described the constituency as 'THURUBURAI' and reserved it for women as per the alphabetical order.

(3.) THE petitioner has brought to our notice the fact that in many official documents including the village map published by the Survey and Settlement authorities as well as the notice in Form No. 20 issued under the provisions of and Section 7 (d) of the Orissa Panchayat Samiti Act, and the Voters' List et cetera, the Grama has been described as 'THURUBURAI'. In fact, in Annexure -5, the objection which was filed before the Collector, a list of several official documents has been given indicating that the name was indeed 'THURUBURAI'. There is no material on record to indicate that the said objection has been considered by the Collector in its proper perspective. Except referring to Annexure -B, which was of the year 1976. no other document has been filed on behalf of the opp. Parties indicating that the name of the Grama was 'THURUBURAI'. As already indicated, there is no controversy in the spelling of the name in English. The controversy is confined to the pronunciation of the name of the village in Oriya. On perusal of the materials on record including the documents filed by the petitioner which have not been controverted. we are satisfied that opp. party No. 2 has not bestowed sufficient attention to the various documents in question. We are of the view that the matter should be considered afresh by the Collector. Accordingly, we direct opp. party No. 2 to consider afresh the objection under Annexure -5 on the basis of relevant materials on record and thereafter decided about the correct naming of the Grama. If. On reconsideration, opp. party No. 2 comes to a conclusion that the Grama should be described as 'THURUBURAI' the question of reservation for 'women' for election to the Panchayat Samiti of Sheragada Block has to be considered in accordance with the provisions of Section 16 (2 -A) of the Act. If. however, opp. party No. 2 comes to the conclusion that the Grama had been correctly described as 'THURUBURAI' his previous notices as per Annexures -1 and 3 would continue to hold the field. The aforesaid exercise should be completed within a period of one month from the date of receipt of this order.