Dismissed

Saraswati Jena v. State of Odisha

Orissa HC3 Jan 2017WP(C)/12293/2016

Case brief

AI extract

What is this about?

The Court dismissed a writ petition challenging a notice of no confidence motion. Finding the petitioner's allegations about non-supply of a requisition copy unsubstantiated due to lack of material support and specific denial by the Municipality, the Court exercised no power to interfere and vacated an interim order.

What did the court decide?

Petition dismissed; interim order vacated; authority directed to declare result of no confidence motion.

Heard Mr. S.K. Mohanty, learned counsel for the petitioner, Mr. P. Acharya, learned Se nior Advocate appearing for the opposite party Nos.3 to 7 with Mr. Rajiv Kumar Mohanta, learne d counsel and Mr. S. Dash, learned Additional Standing Counsel.

In filing this writ petition the petitioner has challenged the notice of no confidence motion under Annexure-1 to the petition on the premises that the notice under Annexure-1 is i nvalid for non-supply of copy of the requisition dated 20.6.2016 following the statutory requi rement under Section 54(2)(c) of the Orissa Municipal Act. Referring to Section 54(2)(c) of th e Orissa Municipal Act and his pleadings at paragraph No.6, learned counsel for the petitioner submitted that he has a specific case on the non-compliance of the provision contained in Sec tion 54(2)(c) of the Act, for non-supply of the copy of the requisition dated 20.6.2016. Refer ring to paragraph No.7 of the counter affidavit at the instance of the Municipality, learned c ounsel for the petitioner further submitted that there is no specific denial to this effect an d in absence of any material to prove that there is service of copy of requisition on the peti tioner, the petitioner has a strong case and thus, prays for allowing this writ petition by se tting aside the impugned notice under Annexure-1.

Sri Pitambara Acharya, learned Senior Advocate appearing for the private opposite part y Nos.3 to 7 referring to the pleadings in paragraph No.7 of the counter affidavit at the inst ance of the Executive Officer, Anandapur Municipality submitted that there is a clear denial b y the Municipality to the allegations of the petitioner and there is a positive assertion rega rding service of copy of the requisition and therefore, submits that the allegation of the pet itioner in so far it relates to non-supply of copy of the requisition is out and out false. On his appearance, learned State Counsel supporting the submission of the learned Seni or Advocate appearing for the opposite party Nos.3 to 7 submitted that there is no illegality or infirmity in the impugned notice.

Considering the rival contentions and after perusing the averments made in the writ pe tition as well as in the counter affidavit, this Court finds, the allegations of the petitione r have no material support. In view of the specific reply of the Executive Officer and in abse nce of any materials to establish the case of the petitioner that there was in fact no supply of copy of the requisition alongwith Annexure-1, there is no scope for interfering in such iss ues by this Court in exercise of power under Article 226 & 227 of the Constitution of India. Under the circumstances, this Court finds no scope for interfering in the notice under Annexure-1. Accordingly, while dismissing the writ petition this Court vacates the interim or der passed herein and directs the authority to declare the result in the no confidence motion taken place pursuant to the notice under Annexure-1 forthwith.

Saraswati Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Saraswati Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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