Writ petitioner challenged the State Government's order revoking suspension of the Sarpanch. The Court held that Section 115 does not authorize suspension for model code violations. The revocation was deemed justified as grounds were inadequate.
The writ application was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C). NO. 967 of 2014
05. 03.11.2016 Heard.
The petitioner, who is a villager of village Tirimal under Benapanjari Grama P
anchayat, has impugned the order of revocation of suspension of the Sarpanch of Benapanjari Gr
ama Panchayat by the State Government, after one month of the passing of the suspension order
on the basis of the report of the Collector, Khurda. The Sarpanch is alleged to have violated
the model code of conduct so far as the bye-election of Ward Member is concerned and, he is al
leged to have distributed some BPL Cards in favour of some person to gain over the voters.
Learned counsel for the petitioner submits that the suspension order was passe
d with concurrence of the State Election Commission on the basis of the report of the Collecto
r. After only one month, the said order was revoked without any reason.
A cursory reading of Section- 115 of the Orissa Grama Panchayat Act shows that
, there is no ground, authorizing the Government to suspend the Sarpanch for violation of the
model code of conduct and the report of the Collector is not tale tell so far as distribution
of BPL Cards to some persons is concerned. Having realizing the inadequacy of ground probably
the appropriate Government has rightly revoked the order of suspension. So far as the illegal
distribution of BPL Cards
is concerned, the matter could have been agitated in proper forum for proper enquiry.
I do not find any infirmity in the order passed by the appropriate Government
vide Annexure- 5.
The writ application is accordingly dismissed.
.
Subha C.R. Dash, J.
3
3 issues framed by the court
Whether the State Government had valid grounds under Section 115 of the Orissa Grama Panchayat Act to suspend the Sarpanch for violation of model code of conduct.
Whether the revocation of the suspension order was attributable to inadequacy of grounds.
Whether distribution of BPL Cards to gain votes warrants administrative inquiry rather than suspension.
1 provisions across 1 enactments
The Petitioner
State Government
Subha C.R. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court