JUDGMENT

Dr. S. Muralidhar, CJ. - These four writ petitions raise a common issue concerning the validity of the circulars/instructions issued by the State Government setting down the procedure for the appointment of Jogana Sahayak in a Gram Panchayat (GP).

The four writ petitions

2. W.P.(C) No.17710 of 2012 by an elected Sarpanch of the Sirijapali GP in Kalahandi District challenges the circulars dated 21st April 2012 and 27th April 2012 of the Food Supplies and Consumer Welfare Department, Government of Odisha setting down the procedure for appointment of Jogana Sahayak in a GP. The main ground of challenge is that the procedure set down in the impugned circulars are contrary to Article 243G of the Constitution of India and Rules 212 and 219 of the Orissa Gram Panchayat Rules, 1968 (OGP Rules).

3. While directing notice to issue in the said writ petition, this Court stayed the operation of the impugned circular dated 27th April 2012 for a period of two weeks. On 17th July 2017, the following order was passed:

'Heard learned counsel for the parties.

The short question remains to be decided here is that in the event the Sub-Divisional Officer i.e. the Sub-Collector being the appellate aut