SULOCHANA BEHERA Vs. STATE OF ODISHA & OTHERS

JUDGEMENT

(1.) In this writ petition the petitioner, being the ExChairperson of Hindol Notified Area Council, prays for quashing of the Order No.743 dated 6.6.2015 passed by the Collector, Dhenkanal, opposite party no.2, as at Annexure-1, requesting all the members of the said N.A.C to remain present in a meeting of the Councillors of Hindol N.A.C for voting on the motion of "No Confidence" against the petitioner and for quashing of the resolution dated 27.5.2015, i.e. Annexure-2, and to allow the petitioner to function as Chairperson of Hindol N.A.C. and any other reliefs that may be granted.

(2.) On 27.5.2015 requisition of twelve Councillors of Hindol N.A.C. addressed to opposite party no.2 for convening a meeting of 'No Confidence" motion was sent. On 1.6.2015 vide Letter No.731, the Executive Officer was asked to verify the genuineness of the signatures of the Councillors. On 4.6. 2015 after comparing the signatures on the requisition with the signatures available in the attendance register, the Executive Officer submitted report vide Letter No.228 that the signatures of eleven Councillors tallied, but the signature of one Bijay Kumar Das, Councillor of WardNo.14, could not be verified as his full signature was not available.

(3.) Mr. Pitambar Acharya, learned Senior Counsel, for the petitioner submitted that there was no previous allegation against the petitioner, but attempt has been made by some members of the N.A.C. to oust her so that the office of the Chairperson can be managed by a person of their choice. According to Mr.Acharya, this circumvents the constitutional spirit engrafted under Article 243T of the Constitution of India. It is contended by the learned Senior Counsel for the petitioner that procedure has been laid down under Section 54 of the Odisha Municipal Act, 1950 (hereinafter referred to as the "Act" for brevity). The said provision postulates four important ingredients. Firstly, the meeting to be convened on a requisition, secondly, requisition to be signed by 1/3rd of the members, thirdly, requisition should be sent along with copy of the resolution and, fourthly, requisition shall be addressed to the District Magistrate and the proposed resolution should be based on sound reasoning for untimely removal of an election representative.