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 meeting. Hence there will be no adequate opportunity available to the petitioner while facing the no-confidence motion.” (quoted from the writ petition).

3. At the time of entertaining the writ application, an interim order was passed on 14.11.2000 directing that the Meeting for considering the no-confidence motion may be held on the scheduled date, but no final decision should be taken without leave of the Court.

4. An intervention petition has been filed on behalf of the Vice-Chairman of the Panchayat Samiti, wherein it is indicated that in the meantime, on 22.11.2000 the no-confidence motion has been passed, but in view of the interim order passed by the High Court, the petitioner is still continuing in the office of Chair¬person.

5. Sec. 46-B of the Orissa Panchayat Samiti Act (in short, the “Act”) provides relating to vote of no-confidence against the Chairman and Vice-Chairman of Panchayat Samiti. Sec. 46-B (1) and (2) (a), (b) and (c) being relevant for the purpose of the present case, are quoted hereunder :

“46-B. Vote of no-confidence against Chairman and Vice-Chairman of Samiti-

(1) Where at a meeting of the Samiti specially convened in that behalf a resolution is passed, supported by a majority of not less than two-thirds of the total number of members having a right to vote, recording want of confidence in the Chairman or Vice-Chairman of such Samiti the resolution shall forthwith be published by such authority and in such manner as may be pre¬scribed and with effect from the date of such publication the Chairman or Vice-Chairman, as the case may be, shall be deemed to have vacated office.

(2) In convening a meeting under Sub-sec. (1) and in the conduct of business at such meeting the procedure herein speci¬fied shall be followed, namely :

(a) no such meeting shall be convened except on a requisition signed by at least one-third of the members with a right to vote, along with a copy of the resolution proposed to be moved at the meeting;

(b) the requisition shall be addressed to the Sub-divisional Officer;

(c) the Sub-divisional Officer on receipt of such requisition shall fix the date, hour and place of such meeting and give notice of the same to all the members with a right to vote, along with a copy of the requisition and of the proposed resolution, at least seven clear days before the date so fixed;

......”

A perusal of the aforesaid provisions makes it clear that a requisition for convening a meeting to consider the no-confidence motion should be signed by at least one-third of the members of the Panchayat Samiti having a right to vote and along with the requisition a copy of the resolution proposed to be moved at the meeting should be there and the requisition should be addressed to the Sub-divisional Officer. On receipt of such requi