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2001 Supreme(Ori) 207

P.K.MISRA
Indumati Swain – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioner:Mr. Dillip Kumar Mohapatra
For Opp. parties:Addl. Government Advocate

JUDGMENT

P. K. MISRA, J. — The petitioner has challenged the order passed by the Collector, Jagatsinghpur, suspending the petitioner from the post of Sarpanch in exercise of power under Section 115(1) of the Orissa Grama Panchayat Act. The order of suspension has been annexed as Annexure-1, which is in Oriya. The transla¬tion of Annexure-1 reads as follows :

“On the report of the S.D.O., Jagatsinghpur, I, Sri Sarbe¬swar Mohanty, IAS, Collector, Jagatsinghpur, realise in view of the present circumstances that the further continuance of Smt. Indumati Swain, as Sarpanch of Biswali Grama Panchayat shall be detrimental to the interest of the Grama Panchayat and the villagers. The allegations against Smt. Swain are apparent from Annexure-Ka.

So, in exercise of power under Section 115(1) and (6) of the Orissa Grama Panchayat Act, I, Sri Sarbeswar Mohanty, IAS, Col¬lector, Jagatsinghpur, hereby suspend Smt. Indumati Swain, from the post of Sarpanch, Biswali Grama Panchayat until further or¬ders.”

This order of suspension is being challenged on several grounds. However, it is unnecessary to deal with the other points, as the order cannot be sustained in view of the violation of the provisio





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