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 reports, is essential.

JUDGMENT :

R.K. PATTANAIK, J.

1. Instant writ petition is filed by the petitioner challenging the impugned notice dated 18^th June, 2025 as at Annexure-1 and the notification dated 9^th 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 notification dated 9^th September, 2025, the petitioner was removed as the Chairperson of the NAC with immediate effect.

3. According to the petitioner, the State Election Commission, Odisha issued a notification on 25^th February, 2022 for the conduct of General Election of the Urban Local Bodies within the State including Bhuban, NAC and in that election, he was a candidate for the post of Chairman with other Councilors participated therein, sponsored by Biju Janata Dal. The election was conducted on 24^th March, 2022 for the post of Chairman and fifteen Councilors for Bhuban NAC and result of the same was declared on 26^th March, 2022 and as further pleaded, he was declared elected besides eight Councilors and thereafter, on 30^th March, 2022. As per the petitioner, from the date of constitution of the Council, he has performed the duties and functions assigned under the Act to the satisfaction of all concerned and sincerely looked after the developmental works within the limits of Bhuban NAC. In the meantime, three Councilors elected as party candidates of Biju Janata Dal tendered their resignation from primary membership and intimated the same to the President of the party. With such other facts pleaded regarding voluntary resignation of the Councilors and besides the disqualification proceeding pending before the State Election Commission, the petitioner pleads that he filed W.P.(C) No.27345 of 2024 challenging the notice of the no-confidence motion and for a direction to keep such exercise in abeyance till the proceeding on disqualification is concluded and therein, an interim order dated 11^th November 2024 has been passed not to declare and publish its result without the leave of the Court. During that time, the notice as per Annexure-1 was issued and served on the petitioner with an action initiated under Section 53 of the Act and it has led to the issuance of the impugned notification under Annexure-6.

4. The notice dated 18^th June, 2025 and notification have been challenged by the petitioner on the ground that the proceeding has not been conducted in the manner contemplated under the Act and besides that, the charges levelled against him are not acts of mischief cognizable in terms of Section 53 of the Act. The contention is that the petitioner has not been provided a fair amount of opportunity despite the order in W.P.(C) No.19738 of 2025, inasmuch as, a copy of the enquiry report prepared and sent to the Government by opposite party No.3 was not supplied to him. It is contended that before any such action by opposite party No.1, the petitioner ought to have been given a copy of the report to let him know the materials received during such enquiry proving willful negligence and misconduct by him while discharging the functions as Chairman of Bhuban