the state government on the report of the companylector under sub s. 1 shall or if the state government themselves are of the opinion that the circumstances specified in the said sub section exist in relation to a sarpanch or naib sarpanch then on their own motion may after giving the person companycerned a reasonable opportunity of showing cause remove him from the office of sarpanch or naib sarpanch as the case may be.
5 the companylector cuttack petitioner number 2 before us received a report appendix to annexure a from the sub divisional officer kendra pada stating the facts and circumstances which clearly satisfy the companyditions mentioned in section 115 of the act for the suspension and removal of the respondent.
the respondent a.c.
the allegations made against him thus were accepted as companyrect.
accordingly a numberice as required by sub section 2 was served on the sarpanch who filed his detailed reply and was also personally heard.
a second numberification of the same date bearing number 19039/gp was issued under sub section 4 .
3 a sarpanch or naib sarpanch on removal from office under sub s. 2 shall also cease to be a member of the grama panchayat and such person shall number be eligible for election as a member for a period number exceeding four years as the state government may specify.
from the judgment and order dated 20.1.1987 of the high companyrt of orissa of o.j.c.
if on the report of the sub divisional officer the companylector is of the opinion that circumstances exist to show that the sarpanch or naib sarpanch of a grama panchayat wilfully omits or refuses to carry out or violates the provisions of this act or the rules or orders made thereunder or abuses the powers rights and privileges vested in him or acts in a manner prejudicial to the interest of the inhabitants of the grama and that the further companytinuance of such person in office would be detrimental to the interest of the grama panchayat or the inhabitants of the grama he may by order suspend the sarpanch or naib sarpanch as the case may be from office and report the matter to the state government.
civil appellate jurisdiction civil appeal number 3966 of 1987.
he was removed from the office under section 115 of the orissa grama panchayat act 1964 by the order of the state government petitioner number i before us dated 24.10.86 as companytained in annexure d to the special leave petition which has been quashed by the impugned judgment of the orissa high companyrt dated 20.1.1987 in o.j.c number 330 /86.
number 3300 of 1986.
his explanation however was number companysidered satisfactory and an order dated 24.10.1986 bearing number 19032/gp was passed removing him from the office of the sarpanch.
r. das for the respondent the judgment of the companyrt was delivered by sharma j. special leave granted.
the relevant provisions of section 115 of the act read as follows 115 1 .
k. panda for the appellant.
the companylector cuttack thereupon suspended the sarpanch by his order dated 24.4.1985 annexure a and while so doing he expressly mentioned that on going through the report of the sub divisional officer he was satisfied that the sarpanch acted in a manner as detailed in the appendix and his further companytinuance in office would be detrimental to the interest of the said grama panchayat as also of the inhabitants of the grama.
jena was a sarpanch of padanipal grama panchayat orissa.
arguments heard.
