JUDGMENT

P. K. TRIPATHY, J. — Petitioner is the Chairman of Baripada Panchayat Samiti in the district of Mayurbhanj. A motion of no confidence was initiated against her under Section 46-B of the Orissa Panchayat Samiti Act, 1959 (in short ‘the Act’). Challenging to that, petitioner has filed this writ petition with the following prayer :

“It is, therefore, prayed that Your Lordships be graciously pleased to admit this writ application, issue rule Nisi in the nature of Writ of Mandamus or any other writ(s) calling upon the Opp.Parties to show cause as to why the notice, requisition vide Annexure-1 & 2, and any resolution passed on 25.7.2004 pursuant to the said notice, requisition shall not be quashed and why the petitioner shall not be allowed to continue as Chairman of Bari¬pada Panchayat Samiti and why an enquiry shall not be made under what circumstances such an illegal resolution is passed. In the event if the Opp.Parties fail to show cause or show insufficient cause, said Rule be made absolute;

And further be pleased to pass any other order(s), direc¬tions (s), as deem fit and proper;

And for which act of kindness the petitioner as in duty bound shall ever pray.”

2. Grievanc