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2020 Supreme(Ori) 7

D.DASH
Sunita Nayak – Appellant
Versus
State of Odisha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M/s.Bijaya Kumar Behera-1, P.K.Dash and A.Mohanty
For the Respondent: Ms.S.Ratho, AGA

JUDGMENT :

D.Dash, J.

The petitioner, by filing this writ application, has prayed for quashment of an order dated 26.09.2019 of the Government in the Department of Panchayati Raj and Drinking Water under Annexure-5 as to the suspension of the petitioner, who is the elected Sarpanch of Kalyanpur Grama Panchayat under Binjharpur Block in the district of Jajpur.

By the said order, proceeding has been initiated against the petitioner for his removal from the office of Sarpanch for alleged willful violation of the provisions of section 19 of Odisha Grama Panchayat Act, 1964 (hereinafter called as “the OGP Act”) and acting in a manner prejudicial to the interest of the Grama as such her continuance in the office as detrimental to the interest of the inhabitants of the Grama Panchayat. In view of that, the petitioner has been called upon to to explain the charges with their factual settings as annexed to the said order within thirty days of receipt of the same as to why action as deemed proper under sub-section 1 of section 115 of the O.G.P. Act shall not be taken against her. The charge against the petitioner is that her husband have presided over the Grama Panchayat meetings several times,

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