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2020 Supreme(Ori) 144

D.DASH
Manjubala Pradhan – Appellant
Versus
State of Odisha – Respondent


Advocates:
Advocate Appeared:
For the Appellant :D.P. Dhal, Sr. Advocate, B.S. Dasparida, S.K. Dash, S. Mohapatra, K. Mohanty, M.K. Agrawalla and A.K. Parida
For the Respondents: B.P. Pradhan, AGA, P.K. Rath, A. Behera, S.K. Behera, P. Nayak, S. Das, S. Rath and P.K. Dhal

JUDGMENT

D. Dash, J.

1. The petitioner, by filing this writ application, has prayed for quashment of an order dated 09.01.2020 of the Government in the Department of Panchayati Raj and Drinking Water under Annexure-6 as to the initiation of the proceeding under section 115(1) of the Odisha Grama Panchayat Act (for short, "the OGP Act") as also the order of suspension of the petitioner, who is the elected Sarpanch of Kotsahi Grama Panchayat under Jaleswar Block in the district of Baleswar in exercise of power under sub-section 2 of section 115 of the OGP Act.

By the said order, proceeding has been initiated against the petitioner for his removal from the office of Sarpanch for willful violation of the provisions of section 19 of 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 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 ta

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