JUDGMENT :

S.K.Mishra, J.

In this writ petition the petitioner, being the Ex-Chairperson of Hindol Notified Area Council, prays for quashing of the Order No.743 dated 6.6.2015 passed by the Collector, Dhenkanal, opposite party no.2, as at Annexure-1, requesting all the members of the said N.A.C to remain present in a meeting of the Councillors of Hindol N.A.C for voting on the motion of “No Confidence” against the petitioner and for quashing of the resolution dated 27.5.2015, i.e. Annexure-2, and to allow the petitioner to function as Chairperson of Hindol N.A.C. and any other reliefs that may be granted.

2. On 27.5.2015 requisition of twelve Councillors of Hindol N.A.C. addressed to opposite party no.2 for convening a meeting of ‘No Confidence” motion was sent. On 1.6.2015 vide Letter No.731, the Executive Officer was asked to verify the genuineness of the signatures of the Councillors. On 4.6.2015 after comparing the signatures on the requisition with the signatures available in the attendance register, the Executive Officer submitted report vide Letter No.228 that the signatures of eleven Councillors tallied, but the signature of one Bijay Kumar Das, Councillor of WardNo.14, could not be verified as his full signature was not available. Since signatures of eleven Councillors were verified, which were found to be genuine, and that was more than 1/3rd of the total members of the aforesaid N.A.C., action was taken on the basis of the requisition. On 6.6.2015 vide Letter No.743 notice was issued to the Councillors fixing 17.6.2015 as the date of for special session of N.A.C. for voting on the motion of the “No Confidence”. On 17.6.2015, the meeting was held. Chairperson and twelve Councillors attended and cast their vote. The motion of “No Confidence” was passed by 2/3rd majority of the total members and a resolution was passed. A copy of which is annexed as Annexures-A/2 and C to the Misc. Case for intervention filed by Councillor Enayatullah Khan. On 17.6.2015 report was submitted to opposite party no.2. On 22.6.2015 Notification No.15713 was published by the Department of Housing and Urban Development and by virtue of such publication, the petitioner was deemed to have vacated the office w.e.f. 17.6.2015. The matter was then reported to the State Election Commission. A fresh election was conducted and on 12.8.2015 election of Chairperson was held and result declared.

3. Mr. Pitambar Acharya, learned Senior Counsel, for the petitioner submitted that there was no previous allegation against the petitioner, but attempt has been made by some members of the N.A.C. to oust her so that the office of the Chairperson can be managed by a person of their choice. According to Mr.Acharya, this circumvents the constitutional spirit engrafted under Article 243T of the Constitution of India. It is contended by the learned Senior Counsel for the petitioner that procedure has been laid down under Section 54 of the Odisha Municipal Act, 1950 (hereinafter referred to as the “Act” for brevity). The said provision postulates four important ingredients. Firstly, the meeting to be convened on a requisition, secondly, requisition to be signed by 1/3rd of the members, thirdly, requisition should be sent along with copy of the resolution and, fourthly, requisition shall be addressed to the District Magistrate and the proposed resolution should be based on sound reasoning for untimely removal of an election representative.

4. It is contended that so called requisition signed by 2/3rd members is not supported by any resolution to be moved in the special meeting. The requisition cannot be treated as a valid resolution for which the requisition is vitiated. It is further contended that no provisions contained in the Act and rules have been violated by the petitioner, but attempts have been made by her political opponents to remove her and keep a person of their choice. It is contended that the Councillors are acting at the behest of the opponents of the petiti