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2020 Supreme(Ori) 144
IN THE HIGH COURT OF ORISSA AT CUTTACK
D. DASH, J.
Manjubala Pradhan – Appellants
Versus
State of Odisha and Ors. – Respondents
W.P.(C) No. 1523 of 2020
Decided On : 17-02-2020
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
The main legal point established is that the suspension of an elected representative under the Odisha Grama Panchayat Act requires specific circumstances and careful consideration, and should not be done lightly.
Headnote:
Suspension - Sarpanch - Odisha Grama Panchayat Act - Section 115(1) - Section 115(2)
Fact of the Case:
The petitioner, an elected Sarpanch, sought to quash an order initiating proceedings for her removal and suspending her under section 115(2) of the Odisha Grama Panchayat Act. The allegations against her included willful violation of Act provisions and acting prejudicially to the Grama's interest.
Finding of the Court:
The court found the suspension order to be vague and lacking sufficient reasoning, thereby quashing it. It emphasized the need for specific circumstances and careful consideration before suspending an elected representative.
Issues: The issues revolved around the legality of the suspension order and the sufficiency of reasons provided for the petitioner's removal.
Ratio Decidendi: The court emphasized that suspension of an elected representative should be based on specific circumstances and not be taken lightly. It highlighted the need for careful consideration and clear reasoning before resorting to suspension.
Final Decision: The court quashed the suspension order and directed the petitioner to be given charge of the relevant papers of the Grama Panchayat.
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 taken against her.
In issuing the notice for the purpose as above, the petitioner, who is the elected Sarpanch of Kotsahi Grama Panchayat has been placed under suspension in exercise of power under sub-section 2 of section 115 of the O.G.P. Act.
2. Brief facts necessary for the purpose as culled out from the pleadings are as underline petitioner being the elected Sarpanch of Kotsahi Grama Panchayat had been in the office and discharging her duty as such since her assumption of the charge of the office after election.
When the matter was continuing as such, the Opposite Party No. 7 filed a representation before the Authorities including the Collector and District Magistrate, Balasore making some allegation against the petitioner as also the Executive Officer of Grama Panchayat in selecting Village Level Leader (VLL) illegally, in including the previously executed works in annual action plan of 2017-18 out of 14th Central Finance Commissioner (CFC) and 4th State Finance Commission (SFC) fund and again by excluding one village in the said action plan for execution of work through all the villagers belonging to Scheduled Tribe Community. Stating all these illegalities to have been committed by the petitioner as the Sarpanch, said opposite party No. 7 prayed to cancel the 14th SFC Annual Plan. The matter was then enquired into through the District Panchayat Officer, Opposite Party No. 3. When the enquiry was going on, said Opposite Party No. 7 filed a writ application before this Court, which came to be numbered as W.P.(C) No. 23538 of 2017. By order dated 27.11.2017, this Court directed the Collector and District Magistrate to dispose of the representation of Opposite Party No. 7 within a time frame. In the meantime, the enquiry being conducted by the District Panchayat Officer, report was submitted stating therein that although all the works have been completed, proper procedures, as per the Government Guidelines, have not been followed.
The petitioner being asked to file show cause, he presented the show cause before the Collector and District Magistrate. By order dated 5.5.2018, the Collector disposed of the representation of the Opposite Party No. 7 with certain observations as to violation of the procedures laid down under the Act and Rules made thereunder in conducting the Palli Sabha by not giving fifteen clear days notice for selection of VLL and inclusion of previously executed works in the Annual Action Plan as per 14th CFC and 4th SFC for the year 2017-18 as also with regard to said execution of six project works out of 14th CFC and 4th SFC fund.
At this stage, the Collector & District Magistrate sent a letter to the Additional Secretary to the Government of Odisha in the Department of Panchayati Raj and Drinking Water mentioning the irregularities a
