PRADEEP KUMAR KARJI Vs. COLLECTOR

JUDGEMENT

(1.) THE petitioner who is the Sarpaneh of Tembaguda Gram Panchayat under Padampur Panchayat Samiti in this petition under Articles 226 and 227 of the Constitution of India seeks quashing of the order of suspension passed by the Collector, Rayagada communicated in letter No. 2003/97 dated 31.7.1997 at Annexure -3.

(2.) THE case of the petitioner is that he came to be elected as Sarpaneh of Tembaguda Gram Panchayat in January 1997. He is actively involved in social activities and has been discharging his duties and exercising power vested in him with due diligence. As he belongs to the opposite camp of the ruling party in the State, he has incurred wrath of local leaders and at their instance the Collector illegally placed him under suspension without any justifiable cause or reason.

(3.) THE scope and ambit of the provisions contained in Section 115 of the Act have been explained by series of decisions of this Court. Sub -section (1) of Section 115 deals with the Collector's power to suspend the Sarpanch or Naib -Sarpanch, as the case may be, from office. The Collector is also required to report the matter to the State Government. Under Sub -section (2), the State Government on the report of the Collector may after giving the person concerned reasonable opportunity of showing cause remove him from the office of Sarpanch or Naib -Sarpanch, as the case may be.