Dibya Ranjan Dash & Anr. v. Director, Municipal Administration and Ex-Officio-Special Secretary to Govt
Case at a glance
Outcome
Disposed of
In the result, the writ petition stands disposed of with the
Provisions considered
- Odisha Municipal Act, 1950 s. 54(2)(h)
Key paragraphs
- Para 88. In the result, the writ petition stands disposed of with the direction as aforesaid to be complied with by opposite party No.1 forthwith on receipt of a copy of this order.
Judgment
Mr. R. Pradhan, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 18.12.2024
1. Heard Mr. Mishra, learned counsel for the petitioner and Mr. Pradhan, learned ASC for opposite party Nos.1 to 3.
No notice is issued to opposite party No.4 as the matter is disposed of at the stage of admission.
Instant petition is filed by the petitioner for a direction to make necessary publication of the decision taken in the special meeting dated 18th November, 2024 in respect of the no confidence motion vis-(cid:224)-vis opposite party No.4 in accordance with Section 54(2)(h) of the Odisha Municipal Act, 1950 (hereinafter referred to ‘the Act’) on the grounds stated therein.
Mr. Mishra, learned counsel for the petitioner submits that a resolution as per Annexure-1 was passed followed by a requisition dated 6th November, 2024 as at Annexure-2 and ultimately, the motion was held on the date fixed and it was passed against opposite party No.4 and thereafter, duly communicated as per Annexure-5 series, however, the State Government has not notified the same till date, an exercise, which is to be held in terms of Section 54(2)(h) of the Act, hence, necessary direction may perhaps be issued to opposite party No.1 in that regard.
Mr. Pradhan, learned ASC for the State-opposite party Nos.1 to 3 would submit that opposite party No.4 has approached this Court in W.P.(C) No.28406 of 2024 against the initiation of the no confidence motion and the same is pending disposal but without any interim order passed therein, which is also acknowledged by Mr. Mishra, learned counsel for the petitioner.
Considering the facts pleaded on record and limited grievance of the petitioner and as it is stated that the motion is already concluded with an intimation as per Annexure-5 series to the Government, the Court is inclined to direct opposite party No.1 to comply Section 54(2)(h) of the Act read with Section 54(1) thereof without further delay.
Hence, it is ordered.
Operative part
In the result, the writ petition stands disposed of with the direction as aforesaid to be complied with by opposite party No.1 forthwith on receipt of a copy of this order.
Urgent copy of this order be issued as per rules. (R.K. Pattanaik) Judge Rojina Signature Not Verified Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 19-Dec-2024 13:20:11
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the result, the writ petition stands disposed of with the
Which statutory provisions did this judgment involve?
Odisha Municipal Act, 1950 — s. 54(2)(h).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.