STATE OF ORISSA vs MD.ILLIYAS

The Supreme Court upheld the Orissa High Court's decision that the order of suspension of the respondent-Sarpanch under Section 115(1) of the Orissa Gram Panchayat Act, 1964 was illegal due to failure to meet the necessary pre-requisites. The Court emphasized that suspension of an elected representative is a drastic measure that should not be taken lightly and requires substantial evidence of misconduct. The High Court's ruling was based on the lack of wilful misconduct as per the inquiry report, leading to the quashing of the suspension order.