The main legal point established in the judgment is the requirement for willful omission or violation and the satisfaction of the Collector that the further continuance of the elected representative in office would be detrimental to the interest of the Grama Panchayat or the inhabitants of the Grama for a valid suspension under Section 115(1) of the Orissa Gram Panchayat Act, 1964.

JUDGMENT :

Dr. B.R. SARANGI, J.

The appellant, an elected Sarpanch of Jambu Gram Panchayat under Mahakalapada Block in the district of Kendrapara, approached this Court by filing W.P.(C) No. 1035 of 2015 assailing the order dated 13.01.2015 passed by respondent no.3 under Sub-section (2) of Section 115 of the Orissa Gram Panchayat Act, 1964 (in short “the Act”), whereby, on the allegation of violation of Section 19 of the Act, he was placed under suspension and called upon to explain within 30 days, from the date of its receipt, as to why action as deemed proper would not be taken against him in accordance with law. The said writ application, by order dated 22.06.2015, came to be disposed of by the learned Single Judge by holding that, charge-sheet having already been submitted against the appellant justifying the suspension, he may participate in the disciplinary proceeding to be taken up pursuant to filing of charge-sheet, and that, the disciplinary proceeding be disposed of as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of the said order, after giving opportunity of being heard to all the parties concerned. Hence, this intra Court appeal.

2. Mr. S. Ray, learned counsel appearing for the appellant strenuously urged before this Court that before taking a drastic action of suspension against an elected Sarpanch, the mandatory requirements of the provisions of the Orissa Gram Panchayat Act have not been followed. Therefore, the order of suspension passed by the authority cannot sustain in the eye of law. But, the learned Single Judge, without entering into that aspect of the matter, disposed of the writ application by the impugned order with the observation that, since charge sheet had already been filed, it was to be held that the ground of suspension was there to proceed against the appellant in accordance with law. This being an error apparent on the face of the record, interference of this Court, by means of this intra-Court appeal, is sought for.

3. Mr. B. Bhuyan, learned Addl. Government Advocate, on the other hand, urged that since the appellant did not act in consonance with the provisions contained in Section 19 of the Act, the action taken by the authorities against the appellant was justified and, since, by the time the writ petition was taken up for consideration, charge-sheet had already been laid against the appellant, no fault can be found with the learned Single Judge in directing the appellant to participate in the disciplinary proceeding to be taken up pursuant to such charge-sheet.

4. The above being the rival submissions of the parties, it is worthwhile to have a glance on the provisions of Section 19 as well as Section 115(1) and (2) of the Act, for just and proper adjudication of the case.

“S.19 : Powers, duties and functions of Sarpanch-(1) Save as otherwise expressly provided by or under this Act, the executive powers of the Grama Panchayat for the purpose of carrying out the provisions of this Act, shall be exercised by the Sarpanch, who shall act under the authority of the said Grama Panchayat.

(2) Without prejudice to the generality of the provisions of Sub-section (1) the Sarpanch shall, save as otherwise provided in this Act, or the rules made thereunder and subject to such general or special orders as may be issued from time to time by the State Government in that behalf-

(a) convene and preside over the meetings of the Grama Panchayat and conduct, regulate and be responsible for the proper maintenance of the records of the proceeding of the said meetings;

(b) execute documents relating to contracts on behalf of the Grama Sasan;

(c) be responsible for the proper custody of all records and documents, all valuable securities and all properties and assets belonging to or vested in or under the direction, management or control of the Grama Sasan;

(d) be responsible for the proper working of the Grama Panchayat as required by or under this Act;

(e) cause to