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2001 Supreme(Ori) 187

P.K.MISRA
Susila Sahani – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioner:M/s. D. P. Dhal, A.K. Acharya, K. Rath and D.K. Das.
For Opp. parties :Addl. Government Advocate (OPs. 1 to 6) and Mr. M. Das

JUDGMENT

P. K. MISRA, J. — The petitioner has challenged the order under Annexure-4 issued pursuant to no-confidence motion passed against the petitioner purporting to remove her from the office of Sarpanch of Akarpada Grama Panchayat in the district of Jaj¬pur, mainly on two grounds, firstly that clear 15 days’ notice as contemplated under Sec. 24 (2) (c) of the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as the “Act”) had not been given and secondly, that opposite parties 17 and 18, who were not members of the Grama Panchayat, had participated in the no-confidence motion.

2. So far as the first ground is concerned, the provision contained in Sec. 24 (2) (c) of the Act is extracted hereunder :

“24. Vote of no-confidence against Sarpanch or Naib-Sarpanch:

(1) ... ...

(2) In convening a meeting under Sub-Sec. (1) and in the conduct of business at such meeting the procedure shall be in accordance with such rules, as may be prescribed, subject however to the following provisions, namely : ... ...

(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 holding offi










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