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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Subhra Panda – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. initiation of no-confidence motion and its grounds. (Para 1 , 2 , 3) |
| 2. arguments on the legality and reasons for the no-confidence motion. (Para 4 , 7) |
| 3. counterarguments defending the legality of the procedure. (Para 8 , 10) |
| 4. procedural requirements under the act for no-confidence motions. (Para 11 , 13) |
| 5. court's interpretation of statutory provisions regarding no-confidence motion. (Para 15 , 16) |
| 6. conclusion and dismissal of the writ petition. (Para 17 , 18) |
JUDGMENT :
R.K. PATTANAIK, J.
1. Instant writ petition is filed by the petitioner assailing issuance of the impugned notice dated 22nd September, 2025 by opposite party No.3 as per Annexure-1 series and for that matter, the resolution dated 10th September, 2025 followed by requisition dated 12th September, 2025 received from opposite party Nos.4 to 22 on the grounds inter alia that the initiation of the no-confidence motion against her is violative of the principles of natural justice and also the provisions of the Odisha Municipal Act, 1950 (hereinafter referred to as ‘the Act’), hence, therefore, the same is liable to be interfered with and quashed in the interest of justice.
2. According to the petitioner
A no-confidence motion against a municipal Vice-Chairperson is valid without the necessity of specific reasons in the resolution, and adherence to statutory notice requirements fulfills procedural ju....
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....
Procedural compliance in no confidence motion notices is sufficient; prior satisfaction of the authority is not necessary, affirming adherence to statutory requirements.
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 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 Collector is obligated to convene a meeting forthwith upon receipt of a valid requisition for a no-confidence motion, without examining the veracity of the allegations.
No obligation on the Collector to verify allegations in no-confidence requisition; statutory compliance is sufficient.
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