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2005 Supreme(Ori) 617

A.K.PARICHHA, P.K.TRIPATHY
Nilambar Majhi – Appellant
Versus
Secretary to Govt. of Orissa, Panchayat Raj Deptt. – Respondent


Advocates:
For Petitioner:M/s. Jairaj Behera, S. K. Pradhan (1), S. K. Behera and U. R. Jena
For Opp. Parties:Addl. Govt. Advocate

JUDGMENT

The writ petition is taken up for final disposal at the stage of admission on the consent of learned counsel for the parties.

2. Heard.

3. Petitioner was elected as Sarpanch of Machichalla Grama Panchayat in the district of Kalahandi in the Panchayat Election held in the year 2002, and assumed office accordingly. While the matter stood thus, some of the Ward Members including Naib-Sarpanch held meeting on 29.4.2005 and passed a resolution proposing vote of no confidence against the petitioner. They accordingly gave requisition Annexure-2 enclosing a copy of resolution Annexure-3 to the Sub-Collector, Dharmagarh to convene a meeting to record the vote of no confidence. Basing on such requisition the Sub-Collector issued notice to the Ward Members and the petitioner fixing the date of the meeting to 30.5.2005. The meeting was accordingly held and the no confidence motion was carried, whereafter Collector, Kalahandi issued letter No. 54 dated 9.6.2005 removing the petitioner from the post of Sarpanch and basing on that order a letter dated 9.6.2005 was served by the Panchayat on the petitioner asking him to make over charge of the Grama Panchayat to the Naib-Sarpanch. Aggriev




















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