LAWS(ORI)-2008-9-41

BASUDEV DANDASENA Vs. STATE OF ORISSA

Decided On September 04, 2008
Basudev Dandasena Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) MISC . Case No. 9639 of 2008 has been filed by one Jogeswar Meher seeking intervention in the writ petition.

(2.) IT has been averred in the Misc. Case petition that the intervenor has preferred this Misc. Case to assist the Court for just and proper decision of the case as well as to bring the facts, which are otherwise not brought by the writ petitioner on record.

(3.) IT appears from the facts, as stated in the writ petition and the intervention application, that the writ petitioner was elected as the Sarpanch of Chandanvati Grama Panchayat under Bolangir block in the district of Bolangir. He has assailed the order passed by the Government under section 115 (2) of the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as 'the Act) passed on 18.6.2008 placing him under suspension from the office of Sarpanch with immediate effect. The petitioner has averred that the said order of suspension ex facie shows non -application of mind on the part of the Government as no reason has been assigned in the said order in support of such suspension except quoting the language of Section 115 (2) of the Act. It has been further stated that the said order of suspension was received by the petitioner on 27.6.2008 along with the draft charges framed against him as hereunder: