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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Satyajeet Gamango – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to notices in no-confidence motion. (Para 2 , 3 , 4) |
| 2. arguments about compliance with procedure. (Para 6 , 8 , 9) |
| 3. discussion on notice timing and participants. (Para 10 , 11) |
| 4. members' right to vote in no-confidence motion. (Para 12 , 13) |
| 5. constitutional rights in voting. (Para 14 , 15 , 16) |
| 6. court's final order dismissing the petition. (Para 17 , 18 , 19 , 20) |
JUDGMENT :
1. Both the writ petitions have been clubbed together and are disposed of by the following judgment since arising out of a common cause of action involving the parties.
3. W.P.(C) No.20122 of 2025: Present writ petition is filed by the Chairman, Gudari Panchayat Samiti questioning the legality of the notices under challenge issued at the behest of opposite party No.3, namely, Sub-Collector, Gunupur for the vote of no confidence under Section 46 -B of the Act on the premise that the service of notice is defective and it has not been accompanied with the resolution and requisition and the same is invalid in not providing seven clear days’ notice and therefore, the entire exercise has been vitiated and hence, such action is liable to be quashed.
5. By order dated 22nd July, 2025 in IA
Members of Panchayat Samiti, including MLAs and MPs, possess the right to vote in no confidence motions, as per Section 18(2) of the Odisha Panchayat Samiti Act, contrary to any informal directives l....
The main legal point established in the judgment is that the notice for the no confidence motion was issued in accordance with the provisions of the Odisha Panchayat Samiti Act, 1959, and therefore d....
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 omission of authorities to conduct a no confidence vote against the elected leaders contravenes the Bihar Panchayati Raj Act, emphasizing that voting is mandatory and quorum is not required.
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 court upheld the validity of the no confidence motion requisition under the Bihar Panchayat Raj Act, confirming the necessity for clear allegations and the petitioner's failure to disclose key fa....
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