Remanded

Mitrabandhu Pradhan v. State of Odisha

Orissa HC20 Feb 2020WP(C)/3241/2020

Case brief

AI extract

What is this about?

This writ petition challenged an order refusing to revoke the petitioner's suspension as Sarpanch. The Court held the order was vulnerable as it was passed without application of mind and failed to record reasons. The order was set aside and the matter remitted for a fresh hearing within four weeks.

What did the court decide?

The impugned order was set aside and the matter remitted to the concerned Authority for a fresh hearing and disposal of the petitioner's application within four weeks.

Mitrabandhu Pradhan Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2020)

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W.P.(C) NO. 3241 OF 2020

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20.02.2020 The petitioner by filing this writ application has assailed an order dated 21.12.2019 passed by the Government in the Department of Panchayati Raj and Drinking Water Department under Annexure-6.

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By the said order, the application filed by the petitioner with a prayer to revoke the order of his suspension as Sarpanch of Khuntabandha Grama Panchayat in the district of Boudh by invoking the power under sub-section3 of section 115 of the Orissa Gram Panchayat Act, has been turned down.

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Learned Senior Counsel for the petitioner submits that on a plain reading of the order impugned in this proceeding, it would reveal that it has been passed without application of mind and even the provision of sub-section-2 of section 115 of the Gram Panchayat Act has not been kept in view in arriving at a conclusion that whether at present entry of the petitioner to the office of Sarpanch would the detrimental to the interest of the Grama Panchayat or the inhabitants of the Grama. It is his submission that as in case of passing an order of suspension under sub-section-(2) of the Gram Panchayat Act, while initiating the proceeding under sub-section-1 of section 115 of the Gram Panchayat Act, the Authority after forming an opinion upon the relevant reports has to record the reasons as aforesaid; the Authority is under legal obligation to record the reasons. In view of all the

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above, he urges that the order under Annexure-6 being vulnerable is liable to be set aside.

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Learned counsel for the State submits that this order under Annexure-6 is not the one as contemplates under sub-section-2 of section 115 of the G.P. Act and therefore, while turning down the prayer of the petitioner, it is not necessary to assign the reasons in writing etc.

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Keeping in view the submissions made, the impugned order being perused, it is seen that even the contentions raised by the petitioner have not been touched upon and it has not been said that the prayer of the petitioner does not merit acceptance for the reasons that as the situation now prevails, the entry of the petitioner to the office of Sarpanch would be detrimental to the interest of the Grama Panchayat and the inhabitants of the Grama which in the considered view of this Court stands as the pre-requisite satisfaction in taking a decision while disposing the application.

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For the aforesaid, the impugned order under Annexure-6 is set aside and the matter is remitted to the concerned Authority for fresh hearing and disposal of the application of the petitioner in accordance with law, further keeping in view the observations made hereinabove as expeditiously as possible preferably within a period of four weeks w.e.f. 01.03.2020 when the petitioner is directed to appear before the

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Additional Secretary to Government, Department of Panchayati Raj and Drinking Water, Bhubaneswar and produce the certified copy of this order for further needful in the matter of fixing the date for hearing of the application of the petitioner by the Authority.

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Issue urgent certified copy as per the rules.

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……………………..

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D. Dash, J.

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Narayan

Mitrabandhu Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Mitrabandhu Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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