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2006 Supreme(Ori) 673

P.K.TRIPATHY, M.M.DAS
Balmiki Pradhan – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioner:M/s. P. K. Panda
For Opp.Parties:Addl. Government Advocate

JUDGMENT

M. M. DAS, J. — The petitioner is the elected Sarpanch of Karapada Grama Panchayat in the district of Ganjam. Earlier the petitioner filed W.P.(C) No.375 of 2005 praying therein to de¬clare the provisions of Section 24 of the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as ‘the Act’) so far as it relates to the vote of “No Confidence Motion” against the Sar¬panch to be ultra vires to the Constitution with other ancillary prayers.

2. This Court in the case of Bhagabat Sahoo v. Collector, Angul and others, 2005 (1) C.L.R. 606 while examining a similar question held Section 24(2)(c) to be intra vires and dismissed a batch of cases along with the said case. Accordingly, by order dated 21.7.2005 passed in W.P.(C) No.375 of 2005 filed by the petitioner, this Court dismissed the writ application with the observation that the petitioner is not precluded to pursue his legal remedy on the consequence of the resolution passed on the “No Confidence Motion”.

3. The petitioner has now preferred this writ application praying for issue of a writ of certiorari quashing Annexure-2, which is a subsequent notice issued by the Sub-Collector, Berham¬pur notifying that the meeting f
















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