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2001 Supreme(Ori) 202

P.K.MISRA
Kanti Kumbhar – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioner:M/s. S. N. Mohapatra, K. R. Mohapatra and S. Ghosh
For Opp. parties:Addl. Government Advocate (OPs.1 & 2), M/s. B. P. Ray, S. Pujhari and R. Sahoo (Intervenor)

JUDGMENT

P. K. MISRA, J. — The petitioner is the Chairperson of Dhana¬kauda Panchayat Samiti. In this writ application, she has prayed for quashing the Notice dated 30.10.2000 issued by the Sub-Collec¬tor, Sambalpur Sadar (opposite party No.2) under Annexure-2 series fixing the meeting of the Panchayat Samiti on 22.11.2000 for considering the requisition regarding ‘no-confidence motion’ against the petitioner.

2. In the writ application it has been asserted that the petitioner was performing her duty as Chairperson properly and with an ulterior motive, some of the members held a meeting on 3.9.2000 and passed a resolution to send requisition to remove the petitioner from the office of Chairperson without assigning any reason in the said resolution. It is also asserted that notice along with copies of the requisition and proposed resolu¬tion of no-confidence of had not been communicated to each member of the Panchayat Samiti. It is further asserted that the resolu¬tion dated 3.9.2000. "..... does not satisfy the intent and purpose of the provisions of Sec. 46-B. The said resolution does not indicate or assign any reason to which the petitioner can effec¬tively reply in the proposed

















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