ORDER

8.12.2003 — Heard Mr. Mishra, learned counsel for the peti¬tioner and Mr. P. K. Mohanty, learned Additional Government Advocate.

Petitioner, the elected Sarpanch of Baulanga Gram Panchayat has challenged the order of his suspension dated 12.3.2003 passed by the Collector, Puri vide Annexure-4.

According to Mr. Mishra, learned counsel for the petitioner, the order is vague and does not disclose any overt act, omissions or commissions by the petitioner. It is also forcefully submitted that the Collector has not followed the mandatory requirement of the provisions of Section 115 of the Orissa Grama Panchayat Act before passing the order of suspension and as such, the same is liable to be struck down.

Suspension of an elected representative is indeed a drastic action and should not be taken recourse to cursorily and in a mechanical manner. Having vested the power with the Executive to suspend an elected representative, the Legislature has provided safeguards against arbitrary exercise of the same. Therefore, while bringing the tenure of an elected representative to an end either temporarily or pre-maturely, utmost care and circumspec¬tion should be exercised. Right of an elected