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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, CJ., MURAHARI SRI RAMAN
Sidhanta Dalai – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. procedural compliance in no confidence motion. (Para 2 , 6) |
| 2. mandatory period for notice under ogp act. (Para 3) |
| 3. appellant's argument on requisition validity. (Para 4) |
| 4. respondents' support of majority requisition. (Para 5) |
| 5. judgment delivery timeline considerations. (Para 8) |
| 6. dismissal of writ appeal. (Para 9) |
JUDGMENT :
HARISH TANDON, CJ.
1. The instant writ appeal arises from a judgment dated 13th October, 2025 passed by the Single Bench in dismissing the writ petition bearing WP(C) No.29708 of 2024 having held that the points raised in the writ petition as well as the arguments advanced on behalf of the writ petitioner are not justified and/or sustainable in the eye of law.
2. Admittedly, the writ petitioner-appellant was elected as Sarpanch of a Grama Panchayat in the month of February, 2022 and suffered the motion of no confidence against him by the majority of the members of the Grama Panchayat. The proceeding was initiated by the competent authority as mandated under Section 24 of the Odisha Grama Panchayats Act, 1964 (for short, “the OGP Act”) and date was fixed for counting the votes of the elected members of the Grama Panchayat whether the motion of
The court affirmed that substantive compliance with the procedural requirements of the Odisha Grama Panchayats Act, overshadowing minor technical lapses, upholds the validity of no-confidence motions....
Procedural compliance under Section 24 of the Odisha Gram Panchayat Act is mandatory; deviations may invalidate proceedings. The court confirmed that the notice for No Confidence Motion adhered to st....
The court confirmed that the notice for a No Confidence Motion must comply with statutory requirements; however, procedural safeguards do not invalidate proceedings if legislative intent is met.
Compliance with procedural safeguards under Section 24 of the Odisha Gram Panchayat Act is crucial, but minor deviations that do not demonstrate prejudice may not invalidate no-confidence proceedings....
Procedural safeguards under Section 24 of the Odisha Gram Panchayat Act are mandatory for no-confidence motions; late notice receipt does not invalidate proceedings absent demonstrable prejudice.
The court ruled that compliance with procedural safeguards under the Odisha Gram Panchayat Act, 1964 is critical for no-confidence motions, affirming that minor deviations do not invalidate democrati....
Fifteen days notice for a no confidence motion is mandatory under Section 24(2)(c), but mode of service is directory; lack of prejudice can validate proceedings even if procedural irregularities exis....
Compliance with procedural laws in no-confidence motions under the Odisha Grama Panchayats Act is essential, though timing of notice receipt versus issuance holds significance in evaluating valid par....
Statutory requirements for No Confidence Motion must be strictly adhered to, including the notice being accompanied by copies of requisition and resolution, as established under the Odisha Grama Panc....
The court affirmed that compliance with statutory notice provisions in a no confidence motion was sufficient, and challenges based on alleged deficiencies or political motives were unsubstantiated.
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