The main legal point established in the judgment is that the notice for the no confidence motion was issued in accordance with the provisions of the Odisha Panchayat Samiti Act, 1959, and therefore did not require interference.

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 of Chairman of Bhapur Panchayat Samiti was conducted and said Samiti was constituted in consonance with the provisions under Section 16 of the Odisha Panchayat Samiti Act, 1959 (hereinafter referred to 'Act, 1959'). As per the provisions contained under sub-Section (4) of Section 16 of the Act, 1959, the term of the office of the elected members of the Samiti including the Chairman and the Vice-Chairman shall be five years commencing on the date of the first meeting, as provided in Sub-section (3) of Section 16 of the Act, 1959. The first meeting of the Panchayat Samiti was held on 11.03.2017 in terms of the directive issued by the State Election Commission, Odisha and accordingly, the tenure of the petitioner, i.e., five years period would expire with effect from 10th day of March, 2022. After duly being elected, the petitioner has already completed four and half years in the office. As the elections to the panchayat bodies in the State were held in the month of March, 2017, the succeeding panchayats are to be constituted before completion of the said five years in accordance with Article 243E(3)(a) of the Constitution of India. The process of holding elections of panchayat bodies of the State has already been initiated by the State Government in its Panchayati Raj Department for undertaking delimitation of wards and reservation of seats in consonance with provisions engrafted in the Act, 1959.

2.1 Bhapur Panchayat Samiti consists of 42 members including M.L.A. and M.P. On 13.07.2021, eighteen Sarpanchs and Panchayat Samiti Members of Bhapur Panchayat Samiti submitted a requisition duly signed by one-third members with right to vote, along with proposed resolution, to the opposite party no.3, i.e. Sub- Collector, Nayagarh with respect to taking steps for having an extraordinary meeting of the Panchayat Samiti for adopting vote of no confidence against the petitioner, who is the Chairperson of Bhapur Panchayat Samiti. Along with the letter addressed to the Sub-Collector, a resolution dated 13.07.2021 was attached wherein eighteen Sarpanchas and Samiti Members have resolved that they have no confidence on the Chairman. On receipt of the above mentioned requisition, along with proposed resolution, the opposite party no.3-Sub-Collector, Nayagarh, vide letter no. 542 dated 14.07.2021, requested the opposite party no.4, BDO, Bhapur Block to take necessary steps in verifying the genuineness of signatures of members, who have moved the requisition and further requested to provide the requisite postal address of all members of Samiti having right to vote within three days. After receipt of the letter sent by opposite party no.3, the opposite party no,4- BDO, Bhapur immediately constituted a committee consisting of himself along with ABDO, AE and PA in order