Harihar Maharana v. State

W.P.(C). NO. 2072 of 2005

04. 19.10.2016 Heard learned counsel for the petitioners and learned Addl. Go
vernment Advocate.
 The petitioners in this writ application have challenged the legality of the O
rder No.16017, dated 18.10.2004 of the Govt. of Odisha in P.R. (G.P.) Department and all subse
quent orders passed on the subject of Amendment of Sections 122 & 123 of Orissa Grama Panchaya
t Act, 1964 (Annexures- 4 & 5).

 The question is no more res integra. This Court, in the case of Fakirmohan Das
 and others vs. Government of Orissa and others including a batch of cases reported in 106 (20
08) CLT 416 has held that the amendment to Section- 122 (3) is ultra vires of the Constitution
 and Orders made under the amended provisions in the Sections 122 & 123 are not in conformity
with Article 243 (g) of the Constitution.

 As the matter is no more res integra, the present writ application is also dis
posed of on the same analogy as arrived at in the case of Fakirmohan Das and others (supra). O
rders made under the amended provisions in the Sections 122 & 123 vide Annexures- 4 & 5 are he
ld to be not in conformity with provisions of Article- 243 (g) of the Constitution.
 The writ application is accordingly disposed of.

 .
 C.R. Dash, J.
 Subha

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