Judgment

Arijit Pasayat, J.—Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Orissa High Court. By the impugned judgment the High Court held that the pre-requisites for taking such action under Section 115(1) of the Orissa Gram Panchayat Act, 1964 (in short the ‘Act’) were not satisfied and, therefore, the order of Collector, Jajpur, dated 3.6.2003 directing suspension of the respondent was illegal.

3. The factual background needs to be noted in brief:

The respondent was elected as Sarpanch of Neulapur Gram Panchayat in March, 2002. Purportedly acting on the basis of the allegations made by several villagers of that gram panchayat inquiry was conducted by the Sub-Collector, Jajpur. Several allegations were received by the Sub-Collector from the villagers as well as the member of the Legislative Assembly. By Order dated 17.5.2003 the Collector directed Sub-Collector to inquire into the allegations made against the respondent-Sarpanch. On 23.5.2003 the Sub-Collector conducted inquiry and recorded statements of the complainants and thereafter the respondent. On 27.5.2003 Sub Collector submitted his report concluding that the respondent had misused h