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2009 Supreme(Ori) 448

M.M.DAS
SRI PRAMOD KUMAR TRIPATHY – Appellant
Versus
STATE OF ORISSA – Respondent


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 Pe













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