SARAT PADHI Vs. STATE

JUDGEMENT

(1.) Whether the period of at least fifteen clear days' fixed for convening a meeting by giving a notice for consideration of the resolution for want of confidence in the Sarpanch/Naib-Sarpanch, as the case may be, as provided under S.24(2)(c) of the Orissa Grama Panchayat Act, 1964 (for short 'the Act') is mandagory in nature ? Is the threshold question necessitating this reference to the Full Bench. Equally at issue is the correctness of some observations made in a Bench decision of this Court in Debraj Mallika v. Collector, Puri, (1978) 45 Cut LT 313.

(2.) The facts are undisputed and lie within a narrow compass. The petitioner was elected as Sarpanch of Chandpur Grama Panchayat in the district of Dhenkanal sometime in December, 1983. A motion expressing want of confidence was proposed against him and a notice requisitioning a meeting of the members of the Grama Panchayat signed by the requisite number of embers was made over to the Sub-divisional Officer, Kamakshyanagar (O.P. No. 3). Undisputedly, a notice bearing No. 5392 dated 3-9-1985 (Annexure-3) was issued by O.P. No. 3 to all the members of the Panchayat. A copy of the notice was also sent to the members under certificate of posting as required under S.24(2)(d) of the Act:

(3.) In the counter-affidavit filed on behalf of O.P. Nos. 1 to 4, it has been asserted that the notice was given to all the members holding the office of the Grama Panchayat and that a copy of the notice was also published on the notice board of the panchayat Samiti on 6-8-1985. Therefore, all the requirements of the law were validly complied with and the petitioner has no case at all.