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IN THE HIGH COURT OF ORISSA AT CUTTACK
DIXIT KRISHNA SHRIPAD, CHITTARANJAN DASH
Nirupama Malik – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to the removal of sarpanch. (Para 1) |
| 2. grounds for contesting no confidence motion. (Para 2) |
| 3. justifications for the impugned order. (Para 3) |
| 4. gender protection under article 15(3) and no confidence. (Para 4) |
JUDGMENT :
DIXIT KRISHNA SHRIPAD, J.
This intra-court Appeal by a lady Sarpanch of Arangabad Grama Panchayat, who has been removed from the office on a No Confidence Motion, seeks to lay a challenge to a learned Single Judge’s common Order dated 29.11.2025 whereby her W.P.(C) Nos.21068 & 4008 of 2025 came to be negatived. In the said petitions, she had called in question the proceedings at the hands of the Collector concerning the No Confidence Motion.
2. Learned Senior Advocate Mr.S.S.Das appearing for the appellant seeks invalidation of the impugned order of the learned Single Judge on the following grounds:-
(i) The resolution allowing the No Confidence Motion is unsustainable, inasmuch as no debate was held by the members in the special meeting of the Grama Panchayat and thus, it is a kind of non-speaking order.
(ii) The proposed resolution was founded on the wild allegations against the Sarpanch lady and that there is absolutely no evidentiary mat
Legislative provisions regarding No Confidence Motions do not require debate; removal procedures must be adhered to, and gender protections under the Constitution do not exempt elected officials from....
The legitimacy of a no-confidence motion is upheld unless proven procedurally flawed to the extent of causing substantial prejudice.
If Sarapnach fails to call such meeting, the Secretary of the panchayat shall forthwith make a report thereof the competent authority and thereupon the competent authority shall call a meeting of the....
The main legal point established in the judgment is the necessity of ratification in the Gram Sabha for a no confidence motion passed against a directly elected Sarpanch, as per the amended provision....
The interpretation of procedural rules and legal provisions governing the conduct of a no-confidence motion in a Village Panchayat.
No Confidence Motion has been passed with regular procedure as contemplated under the Act and passed as per the requirement of law in which the petitioner participated throughout, the resolution pass....
continuity and stability of the Panchayati Raj Institutions is one of the objectives of the Constitutent 73rd Amendment Act. If any motion of no-confidence is moved against the elected Sarpanch immed....
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