Supreme Court · 2005 INSC 582 · Decided 22 November 2005
State of Oris Sa and ORS. v. MD. Illiyas
- Court
- Supreme Court of India
- Citation
- 2005 INSC 582 · [2005] SUPP. 5 S.C.R. 395
- Case number
- CIVIL APPEAL No. 6980/2003
- Decided
- 22 November 2005
- Bench
- ARIJIT PASAYAT, ARUN KUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
B Orissa Gram Panchayat Act, 1964; Section 115: Allegation of abuse of powers, rights and privileges against Sarpanch­ Suspensiorr-Challenge to-Quashed by High Court holding that pre-requisite C conditions for suspension not satisfied-On appeal, Held: Collector as empowered to suspend Sarpanch interest of Gram Panchayat- A reasonable opportunity to show cause could be granted only at the stage of his removal-Since Collector on the basis of enquiry report satisfied that the D Sarpanch had willfully abused the powers vested in him, High Court erred in quashing the order of his suspension
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