Order

Leave granted.

2. The short question which arises for consideration in this appeal is whether the appellants, who had been elected as the members of the Zilla Parishad, cease to hold office for the reason that they had not taken the oath of allegiance as contemplated by section 36 of the Orissa Zilla Parishad Act (for short ‘the Act’).

3. The brief facts are that election to the said zilla Parishad took place and the results were declared on 29-1-1997. According to Section 36 of the Act the elected members, including the President and the Vice-President of the parishad are required to take oath of allegiance within three months of the date with effect from which they hold office or at any one of the first three meetings of the Parishad,m whichever is latter. If the oath is not taken then such person ceases to hold office.

4. In the present case first meeting of the Parishad was held on 15-2-1997. According to the counter-affidavit of shri S.K. Satpathi, Col­lector-cum-District Magistrate, Ganjam, filed in this Court 69 members were elected to the said Zilla parishad. On 15-2-1997, 36 members who came at 10.30 AM were administered oath. The said Collector waited for other members