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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K. PATTANAIK
Manamati Pujari – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to the validity of a notice under the odisha grama panchayats act. (Para 1 , 2) |
| 2. parties' arguments on compliance with notice requirements. (Para 3 , 6 , 7 , 8) |
| 3. court's analysis on notice compliance and prejudice. (Para 4 , 5 , 9 , 10 , 11) |
| 4. writ petition dismissed, affirming the decision. (Para 12 , 13) |
JUDGMENT :
1.The writ petition is filed by the petitioner challenging the validity of the impugned notice dated 27th January, 2025 as at Annexure-1 series issued in connection with the no confidence motion and the decision of the Sub-Collector, Jeypore, Koraput, namely, opposite party No.4 in fixing a special meeting on 12th February, 2025 for the said purpose without serving copies of the resolution and requisition as required under Section 24 (2)(c) of the Odisha Grama Panchayats Act, 1964 (hereinafter referred to as ‘the Act’) on the grounds inter alia that such an exercise is liable to be interferred with and set aside.
3. On the contrary, opposite party Nos.6 to 13 filed the counter and it is pleaded that due to the misconduct of the petitioner and allegation against her, all the Ward Members including the Naib Sarpanch had been to the office of
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....
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.
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 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.
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....
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.
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 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....
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.
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