JUDGMENT

R.N. BISWAL, J. — The petitioner, who is the Sarpanch of Chhanagiri Grama Panchayat has filed this writ petition challeng¬ing the notice No. 4950 dated 3.12.2009 issued by the learned Sub-Collector, Khurda, fixing No Confidence Motion initiated against her to 21.12.2009, as well as the resolution dated 21.11.2009.

2. Election to the office of Sarpanch of Chhanagiri Grama Panchayat was held on 23.2.2007, wherein the petitioner was elected as the Sarpanch and opp. party nos. 4,5 and 6 were elect¬ed as ward members of ward Nos. 4,6 and 7 respectively. There are 15 ward members in the aforesaid Grama Panchayat, out of whom 10 Ward Members passed a resolution on 21.11.2009 to bring No Confi¬dence Motion against the petitioner on several grounds and sent the resolution along with a requisition to the Sub-Collector, Khurda. On receipt of the requisition, the learned Sub-Collector, Khurda vide notice No. 4950 dated 3.12.2009 fixed the meeting of No Confidence Motion to 21.12.2009.

3. According to the petitioner, some of the inhabitants of Chhanagiri G.P. had moved this Court in W.P.(C) No. 10825 of 2008 challenging the election of opp.party No. 6 as ward member, on the ground that he was an agent of Life Insurance Company of India as well as Sahara India. This Court, vide order dated 4.8.2009, was pleased to direct the learned Collector, Khurda to dispose of the representation made by the writ petitioners in accordance with law as expeditiously as possible, still then, it is pending disposal. Opp. Parties 4 and 5 are also disqualified to continue as ward members of Chhanagiri G.P., since they had more than two children and the 3rd child of each of them, was born after the cut off date. The petitioner filed a petition vide G.P. election Misc. case No. 6 of 2009 before learned Collector Khurda to disqualify opp.party no.4 to continue as ward member of Chhanagiri Grama Panchayat. Similarly the petitioner filed a petition before learned Collector, Khurda to disqualify opp. party No. 5 to continue as ward member.

4. Learned counsel appearing for the petitioner submitted that when this Court in W.P.(C) No. 10825 of 2008 directed the learned Collector to dispose of the representation of the peti¬tioners therein as expeditiously as possible, he ought not to have sit over the matter. He further submitted that before dis¬posal of G.P. Election Misc. case No. 6 of 2009 and the represen¬tation of the petitioners in W.P.(C) No. 10825 of 2008, the learned Sub-Collector ought not to have issued the notice of No Confidence Motion. In support of his submission, he relied on the decisions in the case of Smt. Susila Sahani v. State of Orissa and others 2001 (II) OLR-69 and Subash Ch. Sethy & others v. State of Orissa and others 77 (1994) C.L.T. 677. Learned Addl. Govt. Advocate, on the other hand, submitted that there was no illegality or impropriety in issuing notice of No Confidence Motion.

5. As per Section 26(3) of Orissa Grama Panchayat Act, where the Collector decides that the Sarpanch, Naib-Sarpanch or any other member has become disqualified, such decision shall be forthwith published by him in his notice board and with effect from the date of such publication, the Sarpanch, Naib-Sarpanch or such other member as the case may be, shall be deemed to have vacated office and till the date of such publication he shall be entitled to act as if he was not disqualified. Whatever may be the reason, in the present case, opp. party nos. 4,5 and 6 have not yet been declared disqualified to hold their office. Hence, they are competent to sign in the resolution and requisition.

6. Moreover, there are 15 ward members under Chhanagiri Grama Panchayat. Out of them, 10 have signed on the requisition and the resolution including opp. party Nos. 4,5 and 6. As per Section 24 (2) (a) of the Orissa Grama Panchayat Act, minimum one third members are required to sign the requisition as well as the resolution to initiate No Confidence Motion against a Sarpanch.