JUDGMENT

B.N.Mahapatra, J.

1. This writ petition has been filed with a prayer to quash the order of suspension dated 24.07.2012 (Annexure-19) uploaded in the website and to issue a direction to the opposite parties to co-operate with Allori Grama Panchayat for completion of the construction of Grama Panchayat building at Allori on the land gifted by one Sri Ganeswar Biswal with the money allotted by DRDA vide letter dated 08.08.2011 (Annexure-2). Further prayer of the petitioner is to allow the Panchayat Office to function temporarily at Bhetia Recreation Centre till the new building is constructed at Allori.

2. Petitioner’s case in a nutshell is that in 2012 Panchayat Election, the petitioner has been elected as Sarpanch of Allori Grama Panchayat. She has assumed the charge of Sarpanch since 09.03.2012 and is working as such till date. In the year 2001 Allori Grama Panchayat was segregated from Munduribeda Grama Panchayat. Due to dissension between the villagers and continuous litigation between them, practically Allori Grama Panchayat could not function at Allori and it was functioning at erstwhile Panchayat at Munduribeda. Fixing the headquarters of Allori Grama Panchayat at Allori was challenged by few of the villagers including erstwhile Sarpanch of Allori Grama Panchayat in W.P.(C) No.8603 of 2010 which was dismissed by this Court. The same was challenged in Writ Appeal No.195 of 2011 before this Court. This Court after hearing the parties refused to interfere with the administrative order fixing the headquarters of Allori Grama Panchayat in its order dated 18.07.2011.

3. After completion of election and assuming charges by the present petitioner, in resolution dated 16.03.2012 (Annexure-1), it was decided unanimously to shift the headquarters temporarily to Bhetia Recreation Centre. Allori Grama Panchayat does not have a Panchayat building till date for which DRDA, Angul vide letter dated 08.08.2011 has sanctioned a sum of Rs.5.00 lakh for construction of a new Grama Panchayat Building and the said amount has already been deposited in the Panchayat account. Construction of the new building could not be taken up as it requires administrative clearance and land, which was not made available due to lack of cooperation. In response to the resolution under Annexure-1, opposite party no.5-B.D.O., Pallahara in his letter dated 21.03.2012 (Annexure-3) informed the petitioner to shift office of the Panchayat to the new building constructed at Allori. In response to the notice of the BDO under Annexure-3, the Sarpanch informed the BDO that she was not aware of any construction and source of finance for construction of the building at Allori. She further informed that Rs.5.00 lakh for construction of the Panchayat building is lying in the account of the Grama Panchayat. In the said letter she wanted several information from the B.D.O.

4. Further case of the petitioner is that the Grama Panchayat Office was shifted to Bhetia Promoda Kendra on 03.04.2012 and the charge was handed over to the Executive Officer vide letter dated 03.04.2012 (Annexure-5). The documents and other records handed over to the Executive Officer were duly acknowledged by him on the body of the letter dated 04.04.2012 (Annexure-6). Notwithstanding the fact that the possession of the records and other articles of the Panchayat are with the Executive Officer yet he lodged a complaint before the Local Police against the Panchayat and its members with ill motive. In response to that the petitioner informed the local police vide letter dated 07.04.2012 (Annexure7) refuting the allegations made by the Executive Officer. Opposite party no.5-B.D.O., Pallahara was informed vide letter dated 17.04.2012 (Annexure-8) about the non-cooperation of the Executive Officer. The B.D.O. vide his letter dated 16.04.2012 (Annexure-9) informed the petitioner about the newly constructed Panchayat building and further informed that information sought for by the petitioner can be avail