JUDGMENT

Dr. B.R. Sarangi, J. - The petitioner, who is an elected Chairman of Bhapur Panchayat Samiti constituted in consonance with the provisions under Section 16 of the Odisha Panchayat Samiti Act, 1959, has filed this writ petition seeking to quash the no confidence notice no. 696 dated 30.07.2021 under Annexure-5 issued by the Sub- Collector, Nayagarh, and to issue direction to the opposite parties to allow her to continue in office as the Chairman of Bhapur Panchayat Samiti till completion of her tenure of five years and further to construe Section 16 and 18 of the Odisha Panchayat Samiti Act, 1959 harmoniously so as to give proper effect to both the provisions, in so far as the election of the Chairman and her ouster is concerned.

2. The factual matrix of the case, in brief, is that the Sub-Collector, Nayagarh issued notification no. 1050/G.P. dated 31.08.2016, to hold the election for the post of Chairman, Panchayat Samiti for the year 2017 for three tire system, as per the reservation applicable after inviting objection in prescribed form-19. So far as Bhapur Gram Panchayat is concerned, the seat was reserved for Schedule Tribe (Woman). Accordingly, the election to the post