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HIGH COURT OF ORISSA: CUTTACK
B.N.MAHAPATRA, J.
Nabin Chandra Majhi - Petitioner
Versus
State of Odisha & others - Opp. Parties
W.P.(C). No.7429 of 2012
Decided on : 23.11.2012
Section 122(3) of the G.P. Act which provides that subject to general superintendence and overall control of the Grama Panchayats, the Executive Officer shall function under the control and supervision of the Director, Collector and District Panchayat Officers are ultra vires the Constitution and the Collector cannot have any control over the service of VLW/VLWs. Posted as Executive Officer in Grama Panchayats.
The Executive officer functions under the control and supervision of the Grama Panchayat. Apart from that Sub-section (4) of Section 27 of the G.P. Act provides that the Election Officers, Presiding Officers and other officers appointed or designated for the time being for the conduct of elections under the Grarna Panchayat Act shall be deemed to be on deputation to the Election Commission for the period commencing on the date of the notification calling for such election and ending with the date of declaration of the results of such election and, accordingly, such officers shall, during that period, be subject to the control, superintendence and discipline of the Election Commission.
Therefore, it is open to the competent authority to initiate disciplinary action against the petitioner for the alleged irregularity and misconduct committed by him in accordance with law.
JUDGMENT
B.N. Mahapatra, J.
This writ petition has been filed with a prayer to quash the order of suspension dated 09.04.2012 passed by the Collector, Kalahandi under Rule-12 of O.C.S. (CCA) Rules, 1962 and article of charges framed by the Disciplinary Authority-cum-Collector, Kalahandi vide order dated 09.04.2012 in D.P. Case No.111 under Rule-15 of OCS (CCA) Rules, 1962 and Orissa Grama Panchayat Act, 1964.
2. Petitioner’s case in a nutshell is that the petitioner was appointed as Grama Panchayat Secretary in Dashigaon Grama Panchayat. Thereafter, the petitioner was promoted to the post of V.L.W. vide letter No.760/GP dated 26.06.2009 of Collector, Kalahandi. On 05.01.2011, he was appointed as Election Officer for Rajpur Grama Panchayat by the B.D.O.-cum-Election Officer, Junagarh as per programme schedule communicated by the State Election Commission of Odisha. The petitioner was directed to accept nomination papers for the Office of Sarpanch and Ward member of Rajpur Grama Panchayat from 07.01.2012 to 12.01.2012. It has been alleged that the petitioner during the aforesaid period acted in a very careless manner and committed gross error in contravention of Election Rules of the State. According to such allegation, one Smt. Bilash Majhi, wife of Narendra Majhi of Village Rajpur was issued with nomination papers by the petitioner in the capacity of Election Officer on 11.01.2012 for the post of Sarapanch of Rajpur Grama Panchayat and on the same day she submitted her nomination for the post of Sarapanch in Form-IV and it was received by the petitioner at 2.55 PM. Said Smt. Majhi was again issued nomination paper for the post of Ward member of Ward No.9 of the Grama Panchyat on the next day, i.e., 12.01.2012 and the same was submitted by her on the same day which was received by the petitioner in the capacity of Election Officer at 1.35 PM. It is alleged that multiple nomination is restricted under Section 11(a)(i) of the Orissa Grama Panchayats Act, 1964. Therefore, it is alleged that the petitioner allowed Smt. Bilasha Majhi to submit nomination papers for both the posts, i.e., Sarapanch and Ward Member and also declared both the nomination papers valid. As Smt. Majhi was only candidate for the post of Ward Member of Ward No.9 she was declared uncontested. Had the petitioner reported the matter to B.D.O., Junagarh, he would not have allowed Smt. Majhi to contest in the election for the post of Sarapanch. But the petitioner deliberately concealed the matter as a result of which Smt. Majhi was allowed to contest both for the post of Sarapanch and Ward Member and she also own the election to the post of Sarapanch by securing maximum of 1025 votes as per result declared by the Election Officer in Form No.8(B). Thus, it is alleged that the petitioner kept the Election Officer-cum-B.D.O., Junagarh Block in darkness till the notification of result by the Election Officer for the post of Ward Member and Sarapanch was declared on 24.02.2012. It is only on that day vide Notification No.505 dated 24.02.2012 it was disclosed that such type of irregularities has occurred in the election of Junagarh which is attributed to the petitioner. The Election Officer, Junagarh Block as well as District Administration was put to an embarrassing situation due to winning of one candidate for both the posts of Ward Member and Sarapanch. Thus the petitioner acted carelessly and rendered undue help to the concerned candidate and committed irregularity deliberately in connivance with the candidate to ensure that she would retain the post of Ward Member even if she would be defeated in the election of Sarapanch. With these allegations, the order of suspension dated 09.04.2012 and the article of charges of even date were issued. Hence, the present writ petition.
3. Mr. Dalai, learned counsel appearing for the petitioner submitted that Smt. Bilash Majhi was the only member of Ward No.9. Therefore, she was declared elected uncontested. Subsequently, the ele
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