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2015 Supreme(Ori) 12
ORISSA HIGH OF COURT, CUTTACK
C.R. DASH, J.
Sri Keshab Sahukar - Petitioner
Versus
State of Orissa represented through Commissioner-cum-Secretary, Panchayatraj Department and Others - Opp. Parties
W.P. (C) No. 21088 of 2013
Decided On : 09.01.2015
Advocate Appeared:
For Petitioner: M/s. Umesh Ch. Mohanty, T. Sahoo, B.K. Swain and B. Behera.
For Opp. Parties :Additional Govt. Advocate. (for O.Ps.1,2 & 3) Tanmay Mishra, J.K. Mohapatra (Caveator). M/s. Manoj Kumar Mishra, T. Mishra And J.K. Mohapatra (Intervener) M/s. Basudev Rout, S.P. Mohanty and P.K. Sahoo-2 (for O.P.4)
M/s. Amiya Kumar Mishra, A.K. Sharma, M.K. Dash, P.K. Dash and S. Mishra. (for O.P.5)..
The main legal point established in the judgment is that the power to locate the headquarters of a Gram Panchayat is an administrative power of the government and should be exercised based on relevant considerations, without being influenced by extraneous factors.
Headnote:
Gram Panchayat - Shifting of Headquarters - Orissa Gram Panchayat Act, 1964, Section 4(3) - The court discussed the provisions of Section 4(3) of the Orissa Gram Panchayat Act, 1964 and its interpretation in various cases. The court emphasized that the power to locate the headquarters of a Gram Panchayat is an administrative power of the government and can be exercised based on relevant considerations. The court also highlighted that the government's discretion should not be based on extraneous considerations and should be exercised within the limits of the law.
Fact of the Case:
The petitioner filed a writ petition to quash the office Notification, order, and recommendations for shifting the Gram Panchayat Headquarter from village Saradhapur to village Laxmipur. The court had previously directed a general meeting to discuss the proposal for shifting the headquarters.
Finding of the Court:
The court found that the meeting convened under the Chairmanship of the Sub-Collector, Gunupur, complied with the previous court order. The court also noted that the government had considered relevant factors before issuing the impugned notification for shifting the headquarters.
Issues: The issues included the compliance with the court's previous order, consideration of majority view, and the alleged arbitrariness of the government's decision.
Ratio Decidendi: The court emphasized that the power to locate the headquarters of a Gram Panchayat is an administrative power of the government and should be exercised based on relevant considerations. The court also highlighted that the government's discretion should not be based on extraneous considerations and should be exercised within the limits of the law.
Final Decision: The writ petition was dismissed for being devoid of any merit.
JUDGMENT :
C.R. Dash, J.
The petitioner, who is a denizen of village Saradhapur in the district of Rayagada and ex-Panchayat Samiti Member, has filed this writ petition praying to quash the office Notification dated 28.08.2008 (Annexure-1), order dated 20.08.2013 (Annexure-5) and recommendations of the Sub-Collector, Gunupur dated 21.06.2001 (Annexure-7). Further the petitioner has prayed for issuance of a direction to opposite party nos.1 to 3 to allow functioning of the Headquarter of Saradhapur Gram Panchayat at village Saradhapur.
2. The facts relevant for disposal of the writ petition are as follows :-
Laxmipur Gram Panchayat was created on 10.03.1966 vide Notification No.3706 dated 10.03.1966 issued by the Government in Panchayatraj Department, Odisha after bifurcation of aforesaid Laxmipur Gram Panchayat from Jagadalpur Gram Panchayat. Laxmipur Gram Panchayat after its creation vide its Resolution No.6 dated 20.06.1977 resolved to function the Gram Panchayat Office at Saradhapur village for the time being till construction of Gram Panchayat Office at Laxmipur. Subsequently recommendation was made by the Sub-Collector, Gunupur for re-shifting of the Gram Panchayat Headquarter from Saradhapur village to Laxmipur village with justification vide Letter No.6109 dated 21.06.2001 (Annexure-7). Basing on the said recommendation of the Sub-Collector, the Collector, Rayagada had submitted a proposal to the Government in Panchayatraj Department, Odisha for considering re-shifting of the Gram Panchayat Headquarter from village Saradhapur to village Laxmipur vide its Letter No.693 dated 24.07.2001 (Annexure-A/2 to the counter affidavit filed by opposite party nos.2 and 3). In exercise of power conferred under Sub-Section 3 of Section 4 of the Orissa Gram Panchayat Act, 1964, the State Government passed order to the effect that the Headquarter of the Grama Sasan (Gram Panchayat) of village Saradhapur in Muniguda Block of Rayagada district shall be situated in village Laxmipur within the limits of the said Grama, vide Notification No.35510/PR, dated 28.08.2008 (Annexure-1).
3. The present petitioner and other villagers of village Saradhapur filed a representation before the appropriate Government not to shift the Headquarter of the Gram Panchayat from village Saradhapur to village Laxmipur. When no action was taken on the said representation, the villagers of Saradhapur Gram Panchayat were constrained to file writ petition, i.e. W.P. (C) No.13794 of 2008 before this Court. This Court disposed of that writ petition on 13.03.2013 with the following order :-
“Though notice was issued to Opposite Parties No.7 and 8, copies have already been served on Opposite Parties No.1 to 6, who are government officials, no counter is forthcoming from their side till date. However, learned Standing Counsel submitted that instruction given by the Opposite Party No.4 is not clear. Considering the above facts and circumstances of the case, this court disposes of the writ petition with a direction to the Opposite Party No.4, Collector-cum-District Magistrate, Rayagada to convene a general meeting of both the villages and discuss the proposal for shifting of the Headquarters of the Grama Panchayat in the interest of the local people and the resolution to be passed in the said meeting shall be communicated to Opposite Party No.3, Secretary, Panchayatiraj Department, Bhubaneswar, who will take a final decision in the matter of shifting of Headquarters of the Grama Panchayat keeping in view the provision contained under Section 4(3) of the Act.
The above exercise shall be completed within a period of three months from the date of production of a certified copy of this order.
Till a decision is taken, status quo as on today, with regard to the Headquarter at Saradhapur Gram Panchayat under Muniguda Block in the district of Rayagada shall be maintained by the parties.”
4. In compliance of the aforesaid order, the District Administration, Rayagada
