JUDGMENT

Biswanath Rath, J. : By filing the writ appeal the appellant has assailed the dismissal order dated 20.06.2014 passed by learned Single Judge in W.P.(C) No.11062 of 2014. The appellant has preferred to file this appeal seeking the following relief(s) :-

“It is, therefore, prayed that, this Hon’ble Court may graciously be pleased to admit the appeal, call for the records and after hearing the parties set-aside the dismissal order of the Hon’ble Single Judge Bench of this Hon’ble High Court disposed of on dtd.20.06.2014 in W.P.(C) No.1106/2014 filled against the illegal requisition of vote of no confidence against the Sarapanch, Bolagarh G.P. under Bolagarh Block under Khurda District as Annexure-2.

And, to quash the notice No.-03(19) dtd.11.06.2014 as at annexure-3 issued to convene requisition meeting for note of no confidence against the appellant.”

2. The case of the appellant before the learned Single Judge was that Sarapanch, Bolagarh Grama Panchayat under Bolagarh Block in Khurda district for last two years was managing the affairs of Grama Panchayat smoothly. While continuing as such, the present respondent no.3, i.e., the opposite party no.3 in the writ petition in his notice no.03(19) dated 11.06.2014 enclosed a resolution passed by nine(9) ward-members for the decision of the Panchayat in their meeting scheduled to be held on 27.06.2014 at 11.00 A.M. in the Bolagarh Grama Panchayat Office. The allegation of the petitioner in the writ petition was that the opposite party no.3 to the writ petition, i.e., present respondent no.3, has not followed the provisions contained in Section 24(2)(a) and (c) of the Orissa Grama Panchayat Act, 1964 (for short the ‘Act’). The notice issued by opposite party no.3, is incomplete being violative of Section 24(2)(a) and (c) of the Orissa Grama Panchayat Act, 1964 and, therefore, sought for quashing of the same. The notice of opposite party no.3-respondent no.3 referred to is appearing at Annexure-2 of the writ petition and at Annexure-3 of the writ appeal. The aforesaid writ petition was heard on 20.06.2014 and was dismissed on the same day at the admission stage holding as follows :-

“The petitioner has moved this Court to restrain the opposite parties from proceeding in the matter of ‘no confidence motion’ against the petitioner on the ground of contravention of Section 24(2) (a) and (c) of the Orissa Grama Panchayat Act. Perusal of Annexure-1 and Annexure-2 shows that the provisions of the aforesaid section has been complied with and it has been mentioned in the notice vide Annexure-2.

In view of such fact, I do not find any justification to interfere in the matter. The writ petition is accordingly dismissed.

Sd/-C.R. Dash, J.”

3. Being aggrieved by the order of learned Single Judge dated 20.06.2014, the appellant has filed the writ appeal. The appellant while quoting relevant provisions of the Act, sought for quashing of the order of learned Single Judge essentially on the following grounds :-

1. The Sub-collector, Khurda has not adopted the due procedure as contained in Section 24(2)(a) and (c) of the Act while issuing the notice for conduct of ‘no confidence motion’.

2. The learned Single Judge has dismissed the writ petition without application of judicial mind and has failed to appreciate the submissions made by the appellant regarding resolution proposed to be moved in the meeting stipulated in Section 24(2)(a) and (c) of the Act on the ground that this being a legislative requirement no procedural laches can be acceptable.

4. Heard the parties during the course of the hearing on the question of admission of the writ appeal, the parties placed the citations that they relied on. The petitioner placed reliance on the decisions in the case of Muktamanjari Sahoo v. State of Orissa & others; 2010(II) OLR-473 and Smt. Kamala Tiria v. State of Orissa and others; A.I.R. 2001 Orissa 67. Similarly, the State respondents relied on the decisions in the case of Cyril E. Fernandes v. S