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2012 Supreme(Ori) 307

V.GOPALA GOWDA, B.N.MAHAPATRA
Nanda Kishore Sahoo – Appellant
Versus
Secretary, Housing and Urban Development Department, Govt. of Orissa – Respondent


Advocates appeared:
For Petitioner:Mr. Y. Das, Senior Advocate, M/s. Bharati Dash, B.C. Sahoo, B.N. Panda-2, Miss Rita Singh, A.K. Rout
For Opp. Parties : M/s. Gopal Krushna Mohanty, P.K. Panda, D. Mishra, J. Mohapatra, M. Khan
M/s. Sanjit Mohanty, Sr. Adv S.P. Panda, S. Patnaik

JUDGMENT

V. GOPALA GOWDA, C.J. - Challenge in this writ petition by the petitioner is to the legality of the notice of special meeting to move no - confidence motion issued by the Collector, Dhenkanal on 12.10.2010 under the Orissa Municipal Act, 1950 and the Rules framed thereunder on the ground that the said notice of meeting to move no-confidence motion against the petitioner on the basis of requisition submitted by opposite party Nos. 5 to 10 along with the proposed resolution dated 1.10.2010 against him to the Collector on 6.10.2010 has been submitted by invalid and disqualified councillors.

2. It may be mentioned here that the writ petition was earlier heard by a learned Single Judge of this Court and by judgment dated 13.7.2011 on an analysis of fact and the law, the learned Single Judge dismissed the writ petition holding that there is no illegality in the notice issued for special meeting for moving No-confidence Motion against the petitioner and directed publication of the result of the No-confidence Meeting. Being aggrieved by the said decision, the petitioner filed RVWPET No. 152 of 2011. While making submission, the learned counsel for the review petitioner brought to th

























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