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2020 Supreme(Ori) 92

MOHAMMAD RAFIQ, B.R.SARANGI
Amrita Sahu – Appellant
Versus
State of Odisha – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. A.K. Behera, Advocate.
For the Respondent:Mr. J.P. Pattnayak, Addl. Govt. Advocate, Mr. S.R. Pati, Advocate, Mr. S.K. Nanda, Advocate

JUDGMENT :

Mohammad Rafiq, J.

This appeal seeks to challenge the judgment dated 06.05.2020 passed by the learned Single Judge in W.P.(C) No. 27972 of 2019, by which the writ petition filed by the appellant (petitioner in the writ petition) has been dismissed.

2. The factual backdrop giving rise to this appeal in brief is that the appellant-writ petitioner is the elected Chairperson of Karlamunda Panchayat Samiti in the district of Kalahandi. The appellant received the notice dated 21.12.2019 issued by the respondent No.3-Sub-Collector, Bhawanipatna, Kalahandi for convening a Special Meeting of the said Panchayat Samiti at 11.00 A.M. on 31.12.2019 to take up ‘No Confidence Motion’ against her (the appellant) for discussion on the basis of requisition dated 20.12.2019 under the signature of 15 members of the said Panchayat Samiti having right to vote. Karlamunda Panchayat Samiti consists of 26 members, including the present appellant, the Member of Parliament and the Member of Legislative Assembly of the area concerned.

3. The case of the appellant is that on 17.12.2019 a meeting of the Panchayat Samiti was convened by 15 members, who passed a resolution for initiation of No Confidence M

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