The factual background needs to be numbered in brief The respondent was elected as Sarpanch of Neulapur Gram Panchayat in March, 2002.
The order was challenged by the respondent by filing a writ petition before the High Court.
Considering the report of the Sub Collector, by order dated 3.6.2003 the Collector suspended the respondent from the office of Sarpanch in purported exercise of powers companyferred under Section 115 1 of the Act.
On 23.5.2003 the Sub Collector companyducted inquiry and recorded statements of the companyplainants and thereafter the respondent.
It was submitted that there was numbermaterial to show that the alleged acts of the respondent were wilful.
Several allegations were received by the Sub Collector from the villagers as well as the member of the Legislative Assembly.
The State Government filed its companynter pointing out that serious allegations were made which were inquired into by the Sub Collector, who had categorically reported that there was truth in the allegations clearly indicating abuses of powers, rights and privileges vested in him the respondent and the acts were prejudicial to the interest of inhabitants of Grama, and his further companytinuance would be detrimental to the interest of the Grama Panchayat and inhabitants of the Grama.
By Order dated 17.5.2003 the Collector directed Sub Collector to inquire into the allegations made against the respondent Sarpanch.
On 27.5.2003 Sub Collector submitted his report companycluding that the respondent had misused his power as Sarpanch and had failed to discharge his duties.
Purportedly acting on the basis of the allegations made by several villagers of that gram panchayat inquiry was companyducted by the Sub Collector, Jajpur.
Arising out of S.L.P C No.
15626 of 2004 ARIJIT PASAYAT, J. Leave granted.
By the impugned judgment the High Court held that the pre requisites for taking such action under Section 115 1 of the Orissa Gram Panchayat Act, 1964 in short the Act were number satisfied and, therefore, the order of Collector, Jajpur, dated 3.6.2003 directing suspension of the respondent was illegal.
Challenge in this appeal is to the judgment of a Division Bench of the Orissa High Court.
