Bhubaneswar: The Orissa High Court on Wednesday quashed the no-confidence motion against Tikhiri Sarpanch Chameli Ojha in Mahakalapada block of Kendrapara and allowed her to continue in office.
Chameli, Sarpanch of Tikhiri under Mahakalapada block, had alleged in June that she was manhandled and abused by the BDO and police staff following a dispute over panchayat development works. Police had arrested her on a counter complaint alleging she abused the BDO and obstructed him in official duty. She later got bail.
She had challenged the no-confidence motion in the High Court. The motion was supported by 21 of the 22 ward members. The process started on July 27 with voting scheduled on September 13.
The court, after concluding hearing on August 11, held that the motion and the meeting convened for it were in violation of the Odisha Gram Panchayat Act and Rules.Counsel Sukanta Kumar Dalai argued that mandatory documents were not served on the Sarpanch.
“It is mandatory to serve notice, resolution and requisition on the Sarpanch. Here, Chameli was not served. The papers were handed to her illiterate father in her absence who put his thumb impression,” he said.
He added that only notice was served, not resolution and requisition, and despite two applications to the Sub-Collector, copies were not given. Moreover, the 15-day gap mandated under Section 24(2)(c) between notice and voting was not maintained.
A division bench headed by Justice Sanjay Kumar Mishra ruled in favour of Chameli.
