Research › Search › Judgment

Orissa High Court · body

2006 DIGILAW 482 (ORI)

Akrura Dehury v. State of Orissa

2006-07-04

I.M.QUDDUSI, N.PRUSTY

body2006
JUDGMENT I. M. QUDDUSI, J. : This writ petition has been filed against the notice issued by the Sub-Collector, Rairakhol in the district of Sambalpur vide latter No.2195/GP, dated 22.6.2006 for holding meeting of the Grama Panchayat, Batagaon to consider the resolution of the members of the said Grama Panchayat regarding no confidence motion against the Sarpanch (instant petitioner). 2. The brief facts of the case are that the petitioner is an elected Sarpanch of Batagaon Grama Panchayat on 12.6.2006. Nine Ward Members of the said Grama Panchayat moved no confidence motion against the petitioner and passed resolution accordingly and forwarded the same to the Sub-Divisional Officer. The Sub-Collector issued notice vide letter No.2195/GP, dated 22.6.2006 to the members of the said Grama Panchayat for convening the meeting at 11 A.M. on 7.7.2006. 3. Before proceeding further it is necessary to peruse the provisions of Clause (c) of Sub-section (2) of Section 24 of the Orissa Grama Panchayat Act (herein referred to as “the Act”) which is reproduced as under : “24(2) In convening a meeting under Sub-Section (1) and in the conduct of business of such meeting the procedure shall be in accordance with such rules, as may be prescribed, subject however to the following provisions : xx xx xx (c) the Sub-Divisional Officer on receipt of such requisi¬tion shall fix the date, hour and place of such meeting and give notice of the same to all the members holding office on the date of such notice along with a copy of the requisition and of the proposed resolution, at least fifteen clear days before the date so fixed.” 4. “Fifteen clear days” have been defined in Sub-rule (3) of Rule 2 of the Orissa Grama Panchayat Rules, 1968 which is reproduced as under : “(3) “Clear days” includes Sundays and holidays but does not include the day of the meeting and the day of the issue of no¬tice.” 5. Therefore in calculating the fifteen clear days the date of issue of notice and the day of meeting are to be exclud¬ed. 6. In the instant case, the notice was issued on 22.6.2006 and the meeting was scheduled to be held on 7.7.2006, therefore, the day of issue of notice, i.e., 22.6.2006 and the day of the meeting, i.e., 7.7.2006 shall be excluded in calculating the period of “fifteen clear days”. 6. In the instant case, the notice was issued on 22.6.2006 and the meeting was scheduled to be held on 7.7.2006, therefore, the day of issue of notice, i.e., 22.6.2006 and the day of the meeting, i.e., 7.7.2006 shall be excluded in calculating the period of “fifteen clear days”. Hence, the “fifteen clear days” are to be counted from 23.6.2006 to 6.7.2006 (both days inclu¬sive) which come to 14 (fourteen) days only and therefore, this Court has come to the conclusion that there was no “fifteen clear days” notice in accordance with the above quoted rules. 7. In view of the above-mentioned facts and circumstances, this Court is of the opinion that the notice to the members of the said Grama Panchayat is illegal and therefore, the same is quashed. However, it will be open for the Sub-Collector, Rairak¬hol to issue a fresh notice fixing a date for holding the meeting following the rules in the light of the observation made above. The writ petition is allowed accordingly. N. PRUSTY, J. I agree. Application allowed.