BAIKUNTHANNATH MOHANTY Vs. STATE

JUDGEMENT

(1.) A question of some importance relating to the functioning of democracy falls for decision in this writ application under Arts. 226 and 227 of the Constitution, filed by a Sarpanch against an order of suspension passed by the Collector under the provision of S.115(1) of the Orissa Grama Panchayat Act, 1964 (Orissa Act 1 of 1965).

(2.) The petitioner, the Sarpanch of Purunabandhagoda Grama Panchayat in the district of Keonjhar, was suspended from office by order of the Collector dt/- 28-6-1985 as per Annexure-1. On allegations - particulars being annexed that he violated, omitted or refused to carry out the provisions of the Act, the Rules or the Orders made thereunder and abused the powers, rights and privileges vested in him and acted in a manner prejudicial to the interest of the inhabitants of the Grama and his further continuance was detrimental to the interest of the Grama Panchayat and the inhabitants of the Grama. The petitioner alleged that the order of suspension came as a surprise to him as at no point of time he had violated the provisions of law. His suspension from office was mala fide and contrary to the provisions of the Act.

(3.) In the return submitted by the opposite parties, the assertions of the petitioner were refuted. It was averred that the petitioner as Sarpanch violated the various provisions of the Act, the rules and the orders made thereunder and acted in a manner detrimental to the interest of the Grama Panchayat and also disobeyed the direction issued by the higher authorities from time to time. As the petitioner assailed the order on the ground that the Collector did not have the report of the Sub-Divisional Officer before him as required by Sub-Sec. (1) of S.115 on the basis whereof the impugned action was taken, in the return submitted, the opposite parties, referred to the report of the Sub-Divisional Officer and annexed the same as Annexure 2.