RENU BISOI AND ORS. versus GOUR CHANDRA PRADHAN AND ORS.

RENU BISOI AND ORS. versus GOUR CHANDRA PRADHAN AND ORS.

Since the third meeting was adjourned after a condolence resolution and no oath was administered, the opportunity for appellants to take oath was not exhausted; hence, Section 36 was not attracted and they did not cease to hold office.

Parties
Appellants: Renu Bisoi and Ors.; Respondents: Gour Chandra Pradhan and Ors.
Jurisdiction
India
Judgment Date
16 July 1999
Procedural Posture
Civil Appeal / Appeal From Orissa High Court Judgment Dated 5.5.98 in O.j.c. 18371 of 1997
Outcome
Appeal allowed
Legal Topics
Zilla Parishad, Oath of Allegiance, Section 36 Orissa Zilla Parishad Act
Local Government Law Zilla Parishad Oath of Allegiance Section 36 Orissa Zilla Parishad Act

Case Brief

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Parties

Renu Bisoi and Ors.

Appellants

Gour Chandra Pradhan and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Orissa High Court Judgment Dated 5.5.98 in O.j.c. 18371 of 1997

Legal Issues

  1. 1 Whether the appellants ceased to be members of the Zilla Parishad for not taking oath within the stipulated period under Section 36 of the Orissa Zilla Parishad Act, 1991

Ratio Decidendi

Since the third meeting was adjourned after a condolence resolution and no oath was administered, the opportunity for appellants to take oath was not exhausted; hence, Section 36 was not attracted and they did not cease to hold office.

Court Disposition

Appeal allowed

Orders

  • Writ petition filed by respondent dismissed
  • Collector, Ganjam to administer oath to the appellants within four weeks from today