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2006 Supreme(Ori) 775

ASOK KUMAR GANGULY, I.MAHANTY
Kabita Barik – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioner:M/s. Sidheswar Mohanty, C. R. Patnaik & L. Pani
For Opp.Parties:Mr. D. K. Nanda Addl.Government Advocate (O.P. Nos.1 to 3)
Mr. R. K. Rath, Senior Advocate (Intervenor)
M/s. P. K. Mishra & S. K. Das
M/s. I. Mishra & P. K. Nanda (O.P. No.4)
M/s. Pitambar Acharya, S. R. Pati & P. K. Ray (O.P. No.5)
M/s. M. K. Mishra, J. Panda, (O.P. Nos.6 & 7)
In W.P.(C) No.2090/06
Kabita Barik...Petitioner
Versus
State of Orissa and others...Opp. Parties
For Petitioner:M/s. Sidheswar Mohanty, C. R. Patnaik & L. Pani
For Opp.Parties:Mr. D. K. Nanda,Addl. Government Advocate (O.P. Nos.1 to 3)
Mr. R. K. Rath (Intervenor)
M/s. P.K. Mishra & S. K. Das
M/s. B. P. Tripathy, R. N. Mohanty, P. Acharya, S. R. Pari¬ja, S. Mishra & R. R. Jena

JUDGMENT

A. K. GANGULY, J. — These two Writ Petitions were heard together as the question involved in one was connected with the other.

2. In W.P.(C) No.1825 of 2006, the subject-matter of challenge is an order of the Collector, Dhenkanal by which the Collector, according to the petitioner, interfered with the acceptance of resignation of two councillors of the Notified Area Council, Bhuban (hereinafter called the “said NAC”).

3. The writ petition was filed by Kabita Barik who claims to be the elected Chairperson of the said NAC. Her main case is that two councillors of the NAC, namely, Prasant Kumar Maharana and Bhajaman Naik submitted their resignations to the petitioner. Prasanta Kumar Maharana gave his resignation on 23.11.2005 and Bhajamana Naik on 25.11.2005 on different grounds. The case of the petitioner is that the resignation letters of both the coun¬cillors were placed before the meeting of the said NAC on 16.12.2005 for acceptance but due to want of quorum that meeting was not held and was adjourned to 21.12.2005. In the adjourned meeting held on 21.12.2005, the resignation letters of those two persons were accepted. As such, both the persons ceased to be councillors o


























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