It is thereafter that a writ petition was filed in the High Court of Orissa by respondent No.l, inter alia, companytending that by virtue of the provisions of Section 36 the appellants had ceased to hold office as they had number companyplied with the said provisions By the impugned judgment the High Court Came to the companyclusion that three meetings of the Pan shad had been held and the appellants herein had hot taken oath in any of the said meetings and, therefore, they had ceased to hold office.
The District Collector wrote a letter dated 14th August, 1997 to the Secretary, State Election Commission in which, he inter alia, stated that the third meeting got adjourned after the companydolence resolution of late Shri Biju Pattnaik.
Notice was then sent for a meeting on 30 7 1997 where a dispute arose as to whether oath companyld be administered to the appellants, it was companytended by some of the members that as the appellants had number taken oath in the first three meetings, therefore, by virtue of Section 36 they had ceased to be the members of the Zillas Parisahad.
On 15 2 1997, 36 members who came at 10.30 AM were administered oath.
In the said meeting oath was administered to 26 members out of the 33 members who had companye at 10.30 AM.
1999 3 SCR 904 The following Order of the Court was delivered Leave granted.
The third meeting was called on 1 5 1997.
The second meeting took place on 25 2 1997.
The appellants on that date also came after 10.30 AM and, therefore, oath was number administered to them because by that time the District Magistrate had left the place of meeting.
It transpires that a companydolence resolution was passed on account of the demise of Shri Biju Pattanaik and numberoath was administered to the appellants.
The said Collector waited for other members till 11.20 AM and after that time numberoath was administered.
A clarification was sought from the Election Commission as to whether the appellants herein ceased to be the members of Zilla Parishad.
The brief facts are that a election to the said Zilla Parishad took place and the results were declared on 29 1 1997.
The Election Commission opined in favour of the appellants.
At the said meeting the President of the Parishad was elected.
The appellants were present at the time when the meeting was called.
