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2017 Supreme(Ori) 739

BISWANATH RATH
Namita Mishra – Appellant
Versus
State of Odisha – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M/s. Ms. Deepali Mahapatra, S. Parida
For the Opposite parties : Mr. A. Mohapatra, M/s. Manoj Kumar Mishra, J. Mishra, J.K. Mohapatra
For the Intervenor : M/s. B.S. Tripathy-1, A. Tripathy

JUDGMENT :

Biswanath Rath, J.

This writ petition has been filed challenging the notice dated 17.3.2017 issued by the Director Municipal Administration and Ex-Officio Addl. Secretary to Government as appearing at Annexure-2 to the writ petition.

2. Short background involved in the case is that the petitioner was elected as the Councilor of the word No.7 in the Municipal Election of the Koraput Municipality held in the year 2013 and she is continuing as such till today. It is submitted that in spite of her performance to the best satisfaction of the people, one Nalla Govinda Rao with an intention to see removal of the petitioner from the post of Councilor started making representation since 2013 under the premises that the petitioner becomes disqualified to be continuing as a Councilor for her husband’s executing a work of construction of a community centre at Hatapada in the Koraput District with the investment of M.L.A Lad Funds for the year 2014-17 and for her being disqualified under Section 17(d) of the Orissa Municipal Act 1950, the said Nalla Govinda Rao also made a request for removal of the petitioner from the post of Councilor. On the allegation that the Koraput Municipality i



































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