ORDER

Dr. S. Muralidhar, CJ. - This writ appeal is directed against the order dated 14th September, 2021 passed by the learned Single Judge dismissing the Writ Petition (Civil) No.27318 of 2020 filed by the Appellant.

2. By the impugned order the learned Single Judge negatived the plea of the Appellant that the No Confidence Motion' brought against him by the members of the Katanabania Gram Panchayat under Rajkanika Block of Kendrapara district was bad in law for not adhering to the statutory notice period in terms of Section 24(2)(c) of the Orissa Gram Panchayat Act, 1964 (the Act).

3. The background facts are that the Appellant was the elected Sarpanch of Katanabania GP since February, 2017. Some of the Ward Members of the said GP convened a meeting on 7th March, 2020 and passed resolution of No Confidence' against the Appellant. Accordingly they moved the Sub-Collector, Kendrapara (Opposite Party No.3) with the proposed resolution/requisition to convene meeting for considering the No Confidence Motion'. The Collector, Kendrapara verified the signatures of the Ward Members and issued letter dated 29th September, 2020 fixing the date, time and place of the special meeting for considering the No Confidence Motion' as 21st October, 2020 at 11 AM in the Rajkanika Panchayat Samiti Office.

4. The case of the Appellant was that, although notice was issued on 29th September, 2020, it was received by post by the Appellant only on 8th October, 2020. According to the Appellant, given that the date of the meeting was 21st October, 2020, there was no clear 15 days gap between the receipt of the notice by the Appellant and the date for consideration of the No Confidence Motion'. It was accordingly contended that this was violation of Section 24(2)(c) of the Act.

5. Since the above contention was negatived by the learned Single Judge, this Court while hearing the present Appeal required the counsel appearing for the Opposite Party State to produce the original record.

6. Mr. Das, learned Additional Standing Counsel (ASC) appearing for the Opposite Parties 1 to 3, produced the original record which showed that the Sub-Collector, Kendrapara (Opp. Party No.3) had indeed signed the notice in terms of Section 24(2)(c) of the Act on 29th September, 2020. The notice was dispatched by speed post on 7th October, 2020. There is no dispute that the Appellant and others to whom the notice was issued received it on 8th October, 2020. The gap between the date of receipt of the notice and the date of the meeting was indeed less than 15 days.

7. Mr. Das, learned ASC placed reliance on the judgment of the Full Bench of this Court in Sarat Padhi v. State of Orissa AIR 1988 Ori 116. The facts as set out in para 2 of the said judgment reveal that the Petitioner there was the Sarpanch of Chandpur GP in the district of Dhenkanal in December, 1983. On the resolution passed by the members of the GP expressing want of confidence, the Sub- Divisional Officer, Kamakshyanagar issued a notice dated 3rd September, 1985. The said notice was sent to the members under Certificate of Posting, as required by Section 24(2)(d) of the Act. The Petitioner received the notice on 12th September, 1985, whereas the meeting was scheduled to 24th September, 1985. There too the plea of the Petitioner was that there was no clear 15 day period between the date of receipt of the notice and the date of meeting and that, therefore, it was violative of Section 24(2)(c) of the Act.

8. After analyzing Section 24 of the Act in detail, it was observed in the leading judgment for the majority that:

the period of 15 clear days is only intended to apply between the date of the notice and the date of the meeting so fixed and not between the date of the actual service of the notice and the date of the meeting.'

9. The conclusion recorded in the leading judgment reads as under

The scheme of the notice contemplated under S.24(2)(c) may be divided into three parts (1) requirement of giving the notice, (ii) f