D.PATHAK, S.C.MOHAPATRA
JAGADISH PRADHAN – Appellant
Versus
KAPILESWAR PRADHAN – Respondent
JUDGMENT :
S.C. Mohapatra, J. - In this application under Articles 226 and 227 of the Constitution of India, the Petitioners pray to quash the order of the State Government u/s 54-A of the Orissa Panchayat Samiti Act, 1959 (hereinafter referred to as 'the Act').
2. The opposite party No. 1 was elected as the Chairman of the Jujnmura Panchayat Samiti. On 24-3-1985, the Petitioners and one Surendra Prasad Nayak resolved expressing their want of confidence on the Chairman (opposite party No. 1) and requested the Subdivisional Officer, in the said resolution to take necessary action in the matter. The Vice-Chairman (Petitioner No. 1) sent the said resolution on 27-3-1985 to the Subdivisional Officer. On receipt of the same the Subdivisional Officer gave notice on 3-4-1985 for a meeting to be held at the office of the Panchayat Samiti on 15-4-1985 at 11 a.m. with a copy of the resolution dated 24-3-1985 indicating the subject of the notice to be a special sitting of the Samiti relating to the proposal of vote of no confidence against the Chairman. In the meeting held on 15-4-1985, a resolution recording want of confidence in the Chairman (opposite party No. 1) was passed. The Collector, S
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