TRUPTIRANI JENA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, who is the Sarapanch of Balarampur Grama Panchayat, by way of this writ petition seeks to quash the notice of no confidence motion dated 21.09.2019 in Annexure-2 issued against her by the SubCollector, Anandapur in the district of Keonjhar, and further seeks for direction to the Collector and District Magistrate, Keonjhar to consider the application dated 16.08.2019 filed by the petitioner for disqualification of some of the Grama Panchayat Members as per the provisions contained under the Orissa Grama Panchayats Act, 1964 and Rules framed thereunder.

(2.) The factual matrix of the case, in hand, is that in the election held in the year 2017 the petitioner was elected as Sarapanch of Balarampur Grama Panchayat under B.D.O., Ghasipura in the district of Keonjkhar, and has been continuing as such. Eleven members of the Balarampur Grama Panchayat, in spite of due notice, remained absent in four consecutive meetings. In regard to the same, the petitioner submitted all the relevant papers to the Collector and District Magistrate, Keonjhar by registered post on 16.08.2019 vide Annexure-1 series for their disqualification from the membership of Balarampur Grama Panchayat. But, the Collector and District Magistrate, Keonjhar did not take any action on the basis of such application, which is pending before him for disposal, as per the Orissa Grama Panchayats Act, 1964 (in short "the Act, 1964"). During pendency of said application before the Collector and District Magistrate, Keonjhar, the Sub-Collector, Anandapur-opposite party no.3 issued the impugned notice on 21.09.2019 fixing 09.10.2019 at 11 a.m. to convene a special meeting for discussion and voting on no confidence motion against the petitioner at Balarampur Grama Panchayat Office. The said notice was accompanied with a copy of resolution of the special meeting held on 10.09.2019 signed by Naib Sarapanch as President, along with other members. Hence this application,.

(3.) Dr. A.K. Mohapatra, learned Senior Counsel appearing along with Ms. S. Sarangi, learned counsel for the petitioner contended that when application for disqualification of 11 members of the Balarampur Grama Panchayat was pending for consideration before the Collector and District Magistrate, Keonjhar, the Sub-Collector should not have issued notice of no confidence motion on 21.09.2019 fixing 09.10.2019 at 11 a.m. It is further contended that the copy of the resolution of special meeting, which was enclosed to the notice of no confidence motion, is a created one and cannot be accepted in the eye of law. Though the said resolution reveals that the special meeting was held on 10.09.2019 and its resolution was signed by Naib Sarapanch as president, but the two officers, namely GPEO I/C and ABDO endorsed on 18.09.2019 that "The above ward members have signed in our presence and the Signature have been tallied with original signature", which creates doubt its authenticity. Therefore, the impugned has not been issued in consonance with the provisions contained under Section 24 of the Act, 1964. It is further contended that the so called resolution passed on 10.01.2019 is a created one, as it was only signed by the president-cumNaib Sarapanch without the signature of any other members next below to the same, therefore, any action taken pursuant to impugned notice cannot sustain in the eye of law. It is further contended that the said resolution dated 10.09.2019 was apparently created under political pressure and with ill will against the petitioner, who was opposing the local MLA. Consequentially, the impugned notice under Annexure-2 cannot sustain in the eye of law. To substantiate his contention he has relied upon the judgment of this Court in Muktamanjari Sahoo v. State of Orissa, 2010 2 OrissaLR 473.