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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K. PATTANAIK
Sukanti Behera – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge against the no-confidence notice. (Para 1 , 2 , 3) |
| 2. arguments about compliance with due process. (Para 4 , 6 , 9 , 10 , 11) |
| 3. court's view on notice serving requirements. (Para 12 , 13 , 14) |
| 4. discussion on the conduct of the no-confidence motion. (Para 15 , 16) |
| 5. interpretation of statutory provisions on notice periods. (Para 17 , 18) |
| 6. emphasis on adherence to democratic procedures. (Para 19) |
| 7. final order dismissing the writ petition. (Para 20) |
JUDGMENT :
1. Instant writ petition is filed by the petitioner challenging the impugned notice as at Annexure-5 issued by opposite party No.4 in connection with a vote of no confidence initiated by opposite party Nos. 6 to 16 on the grounds inter alia that the same is arbitrary, illegal, without authority and contrary to the provisions envisaged under Section 24 of the Odisha Grama Panchayats Act, 1964 (hereinafter referred to as ‘the Act’) and to declare the proposed resolution dated 27th January, 2025 i.e.Annexure-4 as having no sanction of law.
3. In fact, the petitioner filed W.P.(C) No.7426 of 2025 challenging the notice for non-compliance of Section 24 (2)(c) of the Act and was disposed of on 2nd April, 20
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....
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.
The issuance of a notice for a no confidence motion must comply with statutory requirements, including accompanying resolutions; failure to show prejudice does not invalidate the process.
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....
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....
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....
The mandatory and directory requirements of the notice under Section 24(2)(c) of the Orissa Grama Panchayats Act, 1964 must be fulfilled for the validity of a No Confidence Motion meeting.
A no-confidence motion against a municipal Vice-Chairperson is valid without the necessity of specific reasons in the resolution, and adherence to statutory notice requirements fulfills procedural ju....
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.
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