The mandatory and directory requirements of the notice under Section 24(2)(c) of the Orissa Grama Panchayats Act, 1964 must be fulfilled for the validity of a No Confidence Motion meeting.

JUDGMENT

A.K. Mohapatra, J. - The present writ appeal is directed against the order dated 23rd February, 2021, passed by the learned Single Judge in W.P.(C) No. 5164 of 2020 whereby the Writ Petition filed by the Appellant has been dismissed.

2. The Petitioner-Appellant had filed the above writ petition challenging the Notice No. 185 dated 1st February, 2020 issued by the Sub Collector, Kendrapara, Opp. Party No.2, fixing the date and time for a special meeting of the Areikana G.P. to be held on 26th February, 2020 at 11 AM to vote on the No Confidence Motion against the petitioner u/s.24(1) of The Orissa Grama Panchayats Act, 1964 (for short 'the Act') in the Conference Hall of Aul Panchayat Samiti.

3. The Appellant-Petitioner's case, as pleaded in the writ petition, is that she was elected as a Sarpanch of Areikana Grama Panchayat in the Panchayat Election held in the year 2017. The aforesaid Areikana Grama Panchayat has 11 Wards in total. After being elected, the Appellant-Petitioner assumed the office of Sarpanch of Areikana Grama Panchayat and started discharging her duties with utmost sincerity and to the best of her ability. It was further pleaded that all on a sudden on 01.02.2020, the Appellant-Petitioner received a notice from the Sub-Collector, Kendrapara, which has been filed along with the writ petition as Annexure-1 to the writ petition. The Appellant-Petitioner has alleged that she had only received a notice dtd. 1.02.2020 under Annexure-1. It was mentioned in the said notice that some of the ward members have expressed their no confidence on the Appellant-Petitioner and she has stated that she is not sure as to how many members have expressed no trust in her. She has further alleged that she has only received a notice under Annexure-1 and other papers referred to therein in the notice has not been delivered to her, as such, she claims the notice to be a defective one.

The Appellant-Petitioner has also stated that after receipt of notice under Annexure-1 on 4.2.2020, she had sent a letter to Opposite Party No.2 on 6.2.2020 stating therein that no document has come along with the notice under Annexure-1 and hence requested for supply of such copy vide her letter dtd.6.02.2020. The further case of the Appellant-Petitioner was that till date, Opposite Party No.2 has neither replied to her letter dated 6.2.2020 under Annexure-2, nor has she been supplied with the copies of the requisition or resolution. Since the Petitioner has not received copy of the requisition and proposed resolution, which according to her violates Section 24(2) of the Act. Aggrieved by the said action of the Opposite Party No.2, the Appellant-Petitioner approached this Hon'ble Court by filing the above noted writ petition bearing W.P.(C)No.5164of2020.

4. The Sub-Collector, Kendrapara-Opposite Party No.2 has filed a counter affidavit stating therein that the writ petition is not maintainable in law and that the requisition signed by Anjan Behera, President (Naib-Sarpanch) and six other ward members of Arehikana Grama Panchayat was filed before him on 13th January, 2020 accompanied by the copy of the resolution dated 7th January, 2020 requesting him to convene a special meeting to move the no confidence motion against the Appellant-Petitioner. He has further stated that in the year 2017, election has been held in respect of 9 wards of Areikana G.P. Out of 9 Ward Members, 7 Ward Members have signed in both the requisition and the proposed resolution. The signatures in the requisition and the resolution were identified by the Panchayat Executive Officer, Arehikana Grama Panchayat and GPEO, Aul and verified by the Sub-Collector on 21st January, 2020. The Sub-Collector, Kendrapara-Opposite Party no.2 has further stated that it is only after observing all formalities he had fixed the date of meeting on 26th February, 2020 at 11.00 A.M. at Conference Hall of Aul Panchayat Samiti for vote of No Confidence Motion against the Appellant-Petitioner. Opposite Pa