The main legal point established in the judgment is that the publication of names of elected or nominated members under Section 15 of the Odisha Grama Panchayats Act, 1964, is only required when a majority, including the Sarpanch, has been duly returned.

JUDGMENT

B. Mohanty, J. - This writ petition has been filed mainly with prayer to direct the opposite parties to publish the name of the petitioner as winning Sarpanch and names of other winning Ward Members of Kotagaon Grama Panchayat under Kalampur Panchayat Samiti in the district of Kalahandi as per Section 15 of the Odisha Grama Panchayats Act, 1964, for short 'the Act' and to further direct them to hand over the power to the petitioner as Sarpanch.

2. Ms. Majhi, learned counsel for the petitioner submitted that initially during July, 2016 by way of a notification issued by Government of Odisha in Panchayati Raj Department Mandal Grama Panchayat falling under Dharamgarh Sub-Division of Kalahandi district was trifurcated into Mandal Grama Panchayat, Balagaon Gram Panchayat and Nuagaon Gram Panchayat. Balagaon Grama Panchayat covered villages like Balagaon, Khandidangariguda and Kotagaon. Later on during December, 2016, the above noted trifurcation was cancelled and existing Mandal Grama Panchayat was bifurcated to Balagaon Grama Panchayat and Mandal Grama Panchayat. Balagaon Grama Panchayat covered villages Balagaon, Khandidangariguda, Kotagaon, Bhalubutura and Bindhaniguda with headquarter at Kotagaon. Further during same month i.e. December 2016, the above bifurcation was cancelled and Mandal Grama Panchayat was again trifurcated to Kotagaon Grama Panchayat, Nuagaon Grama Panchayat and Mandal Grama Panchayat. In such background notification dated 23.12.2016 was issued under Annexure-1 constituting Kotagaon as a new Grama Panchayat. On 27.12.2016, a notification was published by the State Election Commission, Odisha under Annexure-2 appointing various dates with regard to holding of election of Ward Members and Sarpanchas of various Grama Panchayats of the State. Kotagaon Grama Panchayat consists of 11 wards. However none filed nominations in respect of 6 Wards covered by villages Balagaon and Khandidangiriguda and accordingly no election could be held in respect of these 6 Wards. But in other Wards, the election was conducted smoothly and accordingly Ward Members for such Wards were declared elected and the petitioner was declared elected as Sarpanch as per Annexure-5. However, the Block Development Officer-cum-Election Officer, Kalampur (opposite party No.4) did not publish the names of the petitioner and other elected Ward Members under Section 15 of 'the Act' read with Rule 52 of the Orissa Grama Panchayats Election Rules, 1965, for short, 'the Rules' as a result of which though the petitioner was elected as Sarpanch however she has not been able to perform her duties as Sarpanch. According to her such non-publication is illegal as the same violates Section 15 of 'the Act'. In such background, the present writ petition has been filed making the above noted prayers.

3. Mr.A.K.Nanda learned Addl. Government Advocate submitted that Kotagaon Grama Panchyat was carved out of Mandal Grama Panchayat after much administrative exercise. Initially Mandal Grama Panchayat was trifurcated to Balagaon, Nuagaon and Mandal Grama Panchayats with Balagaon Grama Panchayat covering villages like Balagaon, Khandidangariguda and Kotagaon. Later on matter was reconsidered in the light of observations made by this Court in W.P.(C) No. 16861 of 2016 and the above noted trifurcation was cancelled and Mandal Grama Panchayat was bifurcated to Balagaon Grama Panchayat and Mandal Grama Panchayat. On further consideration the above bifurcation was nullified and again Mandal Grama Panchayat was trifurcated to Kotagaon Grama Panchayat, Nuagaon Grama Panchayat and Mandal Grama Panchayat. On account of all these though Kotagaon Grama Panchayat has 11 Wards, but pursuant to Annexure-2 no nominations were filed in 6 Wards viz. Ward Nos. 6 to 11 covering villages Balagaon and Khandidangariguda during 10.1.2017 to 17.1.2017. Accordingly State Election Commission issued Notification No. 1199 dated 21.1.2017 for filing of nominations for the second time from 27.