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IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA S.DIXIT, CHITTARANJAN DASH
Manamati Pujari – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to no confidence motion (Para 1) |
| 2. arguments regarding statutory notice requirements (Para 2) |
| 3. defence of notice's sufficiency (Para 3) |
| 4. analysis of notice and evidential links (Para 4) |
JUDGMENT :
KRISHNA S. DIXIT, J :
The Sarpanch of Grama Panchayat is in this Intra-Court appeal for laying a challenge to a learned Single Judge’s order dated 13.10.2025 whereby his W.P.(C) No.4096 of 2025 has been negatived. In that petition, he had, in substance, called in question the proceedings of No Confidence mainly on the ground that the statutory notice was not accompanied by copies of requisition & proposed resolution.
2. Learned counsel appearing for the appellant vehemently argues that the No Confidence Motion is fraught with infirmity, inasmuch as the mandatory requirement of meeting notice being accompanied by copies of requisition & proposed resolution was not met and thus, there is a gross violation of the provisions of Section 24 of the Odisha Grama Panchayat Act, 1964. He presses into service a Full Bench decision of this Court in Nabanita Kapat Patra v. Collector, Kandhamal , 2025 (III) ILR-CUT-1221, in support of his contention.
3. Learned AGA appearing
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....
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.
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....
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.
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 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.
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.
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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