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 the notice of the learned Single Judge that the matter related to No-Confidence Motion against the petitioner-Chairperson of the N.A.C., Bhuban under the Orissa Municipal Act, 1950 and, therefore this writ petition cannot be heard by a learned Single Judge as per the assignment of roster. The learned single Judge referred to the decision of this Court in the case of Sri Darasingh Kumbhar v. State of Orissa and two others, 2004 (II) OLR 707 - where it was categorically laid down the law that a matter to be dealt with by a Division Bench if has been disposed of by a learned Single Judge, the said judgment is without jurisdiction and is liable to be set aside. Holding that at the time of hearing it was not brought to the notice of the Court that the matter should be dealt with by a Division Bench and the judgment, was passed erroneously, the leaned Single Judge vide order dated 23.2.2012 passed in the review petition recalled the judgment dated 13.7.2011 which was sought to be reviewed in its entirety along with all orders passed earlier; and directed the Registry to place the matter before the assigned Division Bench. That is how, this writ petition is listed before this Bench.

3. Before proceeding further, it would be necessary to narrate the brief facts leading to filing of this writ petition which are as under :

On 19.9.2008 election to the office of the Chairperson of Bhuban Notified Area Council of Dhenkanal district was held and the petitioner was elected as the Chairperson. The allegation of the petitioner is that on 1.10.2010, six out of the total number of 15 councillors moved a no-confidence proposal against him and submitted a requisition to the Collector on 6.10.2010 along with the proposal dated 1.10.2010. Pursuant to such requisition sent along with the proposal, the Collector issued notice on 12.10.2010 to all the 15 councillors to attend the meeting to be held on 10.11.2010 in the meeting hall of the Bhuban N.A.C. to move no confidence motion against the petitioner. The allegation of the petitioner is that on 12.10.2010 the Chairman of the NAC in an adjourned meeting vide resolution No. 6(1), disqualified O.P. No. 10 (Councillor) in presence of other three councillors, pursuant to which resolution, the Executive Officer, Bhuban NAC requested the O.P. No. 2, Director, Municipal Administration to take necessary action regarding disqualification of O.P.10 (Councillor), which is pending and no action till date has been taken by the Director, Municipal Administration. Challenging the same, opposite party No.10 filed W.P.(C) No. 18087 of 2010 in this Court .which was subsequently withdrawn on 29.10.2010 to take recourse to Section 38 of the OMC Act. The petitioner preferred the present writ petition, i.e. W.P.(C) No. 18662 of 2010 on 29.10.2010.