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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Suvendu Kumar Sahoo – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge to removal notice (Para 1 , 2 , 3) |
| 2. arguments on procedural compliance and natural justice (Para 4 , 7 , 8 , 9) |
| 3. opposing parties justify removal of petitioner (Para 5 , 6 , 11) |
| 4. court's observations on negligence and misconduct (Para 10 , 12 , 16 , 18) |
| 5. conclusion on legal grounds & provision adherence (Para 19 , 20) |
| 6. writ petition granted; removal quashed (Para 21 , 22) |
JUDGMENT :
R.K. PATTANAIK, J.
1. Instant writ petition is filed by the petitioner challenging the impugned notice dated 18th June, 2025 as at Annexure-1 and the notification dated 9th September, 2025 under Annexure-6 regarding his removal from the post of Chairperson, Bhuban NAC on the grounds inter alia that the decision thereon by opposite party No.1 is arbitrary and illegal and therefore, the same is liable to be interfered with and quashed in the interest of justice.
2. The petitioner is the Chairperson of the Notified Area Council (NAC), Bhuban questions the legality in the exercise of jurisdiction by opposite party No.2 and the notification at Annexure-6 under Section 53 of the Odisha Municipal Act, 1950 (hereinafter referred to as ‘the Act’). By the said notifica
Mere negligence does not constitute willful misconduct under Section 53 of the Odisha Municipal Act for removal as Chairperson. Compliance with natural justice, including providing copies of enquiry ....
Removal of an elected representative requires proof of willful misconduct and adherence to principles of natural justice, not just allegations of negligence.
The main legal point established in the judgment is the requirement of conducting a full-fledged inquiry into the charges against an elected representative of the people and the emphasis on the princ....
A full-fledged inquiry is mandatory when an elected representative denies allegations against their conduct, ensuring adherence to principles of natural justice as outlined in statutory provisions.
The removal of an elected official requires strict adherence to statutory provisions and principles of natural justice, ensuring due process in disqualification cases.
The court reaffirmed that the duties of a Chairperson under the Rajasthan Municipalities Act must be upheld, and failure to oversee actions leading to financial loss constitutes misconduct warranting....
Removal from elected office must be based on clear, substantiated allegations; arbitrary removal without evidence violates principles of natural justice.
The judgment established the importance of recording reasons, adherence to statutory timelines, and the need for application of mind in quasi-judicial decisions, emphasizing procedural fairness and n....
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