Your World of Legal Intelligence
 India | 1-800-335-6202

W.P. (C) No. 4030 of 2010. Case: Smt. Sandhyatara Behera Vs Sub-Collector and three Ors.. High Court of Orissa (India)

Judgment Cited in Precedent Map Related
Vincent
Case NumberW.P. (C) No. 4030 of 2010
JudgesR.N. Biswal, J.
IssueOrissa Gram Panchayat Act - Section 24(2); Orissa Gram Panchayat Rules
Judgement DateFebruary 28, 2011
CourtHigh Court of Orissa (India)

Order:

R.N. Biswal, J.

  1. Even though the matter was listed to date for admission, on consent and request of learned Counsel for both the sides, it was taken up for final disposal and the following order is passed.

  2. The Petitioner was elected as the Sarpanch of Chindaguda Gram Panchayat under Khariar Block in the district of Nuapada in the year 2007. It is alleged that the opposite party No. 1 being misguided and persuaded by opposite party No. 2 fixed a meeting on 8th March 2010 in the office of Chindaguda Gram Panchayat to record want of confidence against the Petitioner, under Annexure-1. It is pertinent to mention here that on 3.3.2010 it was ordered in Misc. Case No. 3446 of 2010 that "Let No Confidence Motion in respect of Sarpanch of Chindaguda Gram Panchayat continue but the result thereof shall not be notified without leave of this Court". Accordingly, as submitted in the Bar, No Confidence Motion was held against the Sarpanch on the date and time fixed under Annexure-1, but due to the aforesaid interim order the result thereof has not been published.

  3. Learned Counsel for the Petitioner submits that, as required under Section 24(2)(a) of the Orissa Gram Panchayat Act, a resolution proposed to be moved during the time of holding the meeting of Want of Confidence against the Sarpanch ought to have been sent to the Sub-Collector, along with requisition. But, in the present case, no such proposed resolution having been passed in the meeting, let alone sending a copy thereof to the Sub-Collector, the notice under Annexure-1 and the subsequent proceedings thereto deserve to be quashed.

  4. As against...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT