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2008 Supreme(Ori) 309

P.K.TRIPATHY, A.K.PARICHHA
Fakirmohan Das – Appellant
Versus
Government of Orissa – Respondent


Advocates:
For Petitioners:M/s. B. Satpathy, P. K. Parida, S. C. Sahu, H. K. Tripathy, J. Panda and S. P. Jena
For Opp. Parties:Addl.Government Advocate

JUDGMENT

P.K. TRIPATHY, J. — All the aforesaid cases were heard analogously on consent of the parties and disposed of by this common judgment.

2. Secretaries working under different Gram Panchayats in the State of Orissa and in some cases Sarpanches of the Grama Panchayats together with the Secretaries have filed the writ petitions challenging amendment of Sections 122 and 123 of the Orissa Grama Panchayat Act, 1964 (in short, ‘the Act’) and the orders dated 18.10.2004 and the consequential order thereof dated 01.11.2004 passed respectively by the Government in Panchayati Raj Department and the concerned Panchayat Officers/the Block Development Officers.

3. In nut shell, the Secretaries and also the Sarpanches of some of the Grama Panchayats have questioned the authority of the Government in making amendment of Sections 122 of 123 of the Act contrary to the spirit of self governance proclaimed by the Constitution in Article 243 G by curtailing independence of the Grama Panchayats and to get it controlled through deputed staffs i.e. Village Level Workers and Village Agricultural Workers (in short, “V.L.Ws and V.A.Ws”). Bone of contention of the petition¬ers is that by the impugned a

























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