HARI LAL AGRAWAL, D.P.MOHAPATRA, R.C.PATNAIK
SARAT PADHI – Appellant
Versus
STATE – Respondent
H. L. AGRAWAL, CJ.
( 1 ) WHETHER the period of at least fifteen clear days' fixed for convening a meeting by giving a notice for consideration of the resolution for want of confidence in the Sarpanch/naib-Sarpanch, as the case may be, as provided under S. 24 (2) (c) of the Orissa Grama Panchayat Act, 1964 (for short 'the Act') is mandagory in nature ? Is the threshold question necessitating this reference to the Full Bench. Equally at issue is the correctness of some observations made in a Bench decision of this Court in Debraj Mallika v. Collector, Puri, (1978) 45 Cut LT 313.
( 2 ) THE facts are undisputed and lie within a narrow compass. The petitioner was elected as Sarpanch of Chandpur Grama Panchayat in the district of Dhenkanal sometime in December, 1983. A motion expressing want of confidence was proposed against him and a notice requisitioning a meeting of the members of the Grama Panchayat signed by the requisite number of embers was made over to the Sub-divisional Officer, Kamakshyanagar (O. P. No. 3 ). Undisputedly, a notice bearing No. 5392 dated 3-9-1985 (Annexure-3) was issued by O. P. No. 3 to all the members of the Panchayat. A copy of the notice was also sent to
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