The central legal point established is the requirement of grounds for proceeding against a Sarpanch under Section 115 of the Orissa Grama Panchayat Act, 1964, and the potential disqualification for conviction of an offence involving moral turpitude under Section 25(1)(g) of the Act.

JUDGMENT :

M.M. Das, J. - Heard Mr. S.D. Das, learned senior counsel for the Petitioner and Mr. B. Dash, learned Counsel for the State.

2. The Petitioner is the elected Sarpanch of Rameswar Grama Panchayat in the district of Khurda. Having received a notice dated 31.12.2008 under Annexure-3 calling upon him to show cause within thirty days from the date of receipt of the said notice with regard to the charges enclosed thereto and further putting the Petitioner under suspension from the office of the Sarpanch, the Petitioner has preferred the present writ petition challenging the said notice and the charges framed against him, and making a prayer to quash the said notice under Annexure-3 and the charges framed under Annexure-4. The said notice is purported to have been passed u/s 115 of the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as 'the Act'). It has been mentioned in said notice that the Government is satisfied from the allegation made that the Petitioner willfully violated the provisions of the Act and Rules made thereunder and abused his powers vested under the said Act. It is further stated that the Government is also satisfied that further continuance of the Petitioner as Sarpanch will be detrimental to the interest of the inhabitants of the said Chandanvati Grama Panchayat. Mentioning the name of Chandavati Gramapanchayat in the notice under Annexure-3, which is not the Grama Panchayat, under which the Petitioner is the Sarpanch ex facie shows non-application of mind on the part of the Government. It, therefore, clearly shows that the notice only relates to the allegation as stated in Paragraph-1 thereof. Nothing has been stated in the said notice as to on what basis the Government was satisfied that the said allegations are prima facie established so as to exercise the power u/s 115 of the Act, suo motu. It is not the case of the opposite parties that any recommendation was sent by the Collector or any other officer as mentioned in Section 115 of the Act for initiation of a proceeding against the Petitioner. The charges enclosed to the said notice read as follows:

Charge-1: That it is revealed from the report of the Collector, Khurda that on 30.11.2008 one Sri Mrutyunjaya Srichandan, was on election duty and was working as Booth Level Officer (BLO) on the special campaign for receiving complaints/objection in connection with revision of photo Electoral Roll. On the said date at about 4.50 P.M. Sri Pramod Kumar Tripathy, Sarpanch, Rameswar G.P. and his other 3 followers entered into the campaign Booth which was organized in class room of Talapada Primary School and handed over a huge bunch of applications from (in form No. 6) to the said BLO without having any evidence of age proof for inclusion their names in the electoral roll. Since, some of the applicants are under age and some other are not qualified to be included in the voters, the said BLO Sri Srichandan politely replied to the sarpanch Sri Tripathy that it is not possible on his part to accept such applications which have no documentary evidence. But the said Sapranch Sri Tripathy started absurd arguments with BLO and got suddenly annoyed. Then the said Sarpanch Sri Tripathy started scolding in unparliamentary language and forced him to do so. Again the said BLO politely denied to accept those applications. Suddenly the said Sarpanch Sri Tripathy started beating/assaulting be BLO in presence of the BDO. The said BLO Sri Srichandan getting no other way tried to ran away from the sport to save his life. But the said Sri Tripathy including his followers chased the BLO and beating him mercilessly and throttle the neck of the BLO and brought back him to the school and forced him to sign in a piece of paper. And again the said Sarpanch Sri Tripathy threatened the BLO if he files any F.I.R. in the police station they will cut him into pieces. Under the said situation, being helplessness, the said BLO preferred to informs the BDO, Tangi and local Teachers