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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 :
R.K. Pattanaik, J.
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.
2. W.P.(C) No.23217 of 2025: Instant writ petition is filed by the petitioner challenging the validity of the impugned notices dated 11th July, 2025 and 15th July, 2025 issued by the learned Sub-Collector, Gunupur, namely, opposite party No.3 in connection with a no confidence motion proposed for removal of opposite party No.6, the Chairman of the concerned Panchayat Samiti with initiation of an action under Section 46 -B of the Odisha Panchayat Samiti Act, 1959 (hereinafter referred to as ‘the Act’) on the grounds inter alia that there is non-compliance of -B(2)(c) and (f) thereof for him havin
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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