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2014 Supreme(Ori) 311

AMITAVA ROY, B.R.SARANGI
Manaswini Baliarsingh – Appellant
Versus
State of Odisha – Respondent


Advocates:
Advocate Appeared
For Appellant: Mr. P.Acharya, Sr.Counsel with M/s. S.Rath, B.K.Jena, & .P.Parida
For Respondents:Mr. R.K.Mohapatra, G.A. (for Res.1 to 4)
For Intervenors: M/s. P.K.Rath & K.P.Mishra

Judgment


Dr. B.R.Sarangi, J. The petitioner in W.P.(C) No. 10475 of 2014 being the appellant has filed this appeal challenging the judgment dated 27.08.2014 passed by the learned Single Judge dismissing the writ petition and directing to declare the result of “No Confidence Motion”.

2. The factual matrix of the case in hand is that the appellant being the petitioner filed the writ petition challenging the notice dated 28.4.2014 issued by the Sub-Collector, Puri inter alia to convene a special meeting of the Panchayat Samiti on 07.06.2014 for recording vote of “No Confidence” against her on the ground that the same was illegal, arbitrary and violative of the provisions enshrined in Article 243-E of the Constitution of India, transgressing the provisions contained in Section 46-B of the Orissa Panchayat Samiti Act, 1959,(hereinafter to be referred to as “the Act”) read with Rules 8 and 9 of the Panchayat Samiti (Conduct of Business) Rules, 1969 and above all was violative of the circular of the State Government in the Department of Panchayati Raj bearing No. 31535 dated 30.9.2009.

The writ petitioner was elected as Chairman of Panchayat Samiti, Kanas Block pursuant to the general Panc











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