ORDER

Order No. 02

1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. During the course of hearing, learned counsel for the Petitioner, Mr. Das, submits that he does not want to pursue the writ petition qua the Opposite Party No.7. He undertakes to file a memo to the said effect.

As such, the writ petition is confined to Opposite Party Nos.1 to 6.

3. The present writ petition has been filed at the behest of elected Sarpanch of Dunguripali Gram Panchayat assailing the order under Annexure-8 directing him to submit a show cause as well as Annexure-1 placing him under suspension in purported exercise of powers conferred under Section 115 of the Odisha Gram Panchayat Act, 1964 (“Act, 1964”).

4. The factual matrix relating to issuance of both the orders has been succinctly stated in the notice to show cause impugned herein.

It is borne out from the said show cause that since the Petitioner was allegedly involved in Saintala P.S. Case No.10 dated 12.01.2026 under Section 221/ 214(3)/ 3(5) of the BNS read with Section 3(2) of the PDPP Act, was arrested and remanded to judicial custody from 13.01.2026 to 15.01.2026, the same entails suspension, in terms of the Act, 1964.

5. It is the submission of the learned counsel for the Petitioner that the power of suspension and removal of Sarpanch, Naib-Sarpanch and member has been stated in Section 115 of the Act, 1964.

For convenience of reference the same is extracted hereunder;

“

115. Suspension and removal of Sarpanch, Naib-Sarpanch and Member:-

(1) If (1) If the State Government, on the basis of a report of the Collector or the Project Director, District Rural Development Agency, or suo motu are of the opinion that circumstances exist to show that the Sarpanch or Naib Sarpanch of a Grama Panchayat wilfully omits or refuses to carry out or violates the provisions of this Act or the rules or orders made thereunder or abuses the powers, rights and privileges vested in him or acts in a manner prejudicial to the interest of the inhabitants of the Grama and that the further continuance of such person in Office would be detrimental to the interest of the Grama Panchayat or the inhabitants of the Grama, they may after giving the person concerned a reasonable opportunity of showing cause, remove him from the Office of Sarpanch or Naib-Sarpanch, as the case may be.

(2) The State Government may, pending initiation of the proceeding on the basis of their opinion under Sub-Section (1), by order, for reasons to be recorded in writing, suspend the Sarpanch or Naib-Sarpanch, as the case may be, from the Office.

(3) The State Government, at any time during the pendency of proceeding under "Sub- Section (1), revoke the order of suspension of a Sarpanch or Naib-Sarpanch passed under Sub- Section (2)"

(4) A Sarpanch or Naib-Sarpanch on removal from Office under Sub [Section (1)] shall also cease to be a member of the Grama Panchayat, and such person shall not be eligible for election as member for a period not exceeding four years as the State Government may specify.

(5) The provisions of this Section shall, so far as may be, apply in respect of any member of the Grama Panchayat not being a Sarpanch or Naib-Sarpanch; provided that no such member shall be liable to be placed under suspension under the said provisions.

(6) (a) Whenever the Collector is of the opinion that the Sarpanch of a Grama Panchayat has failed in convening any meeting of the Grama Panchayat within a period of three continuous months he may, after making such enquiry as he deems fit, by order, remove the Sarpanch from Office and may also declare him not to be eligible for election as member for a period not exceeding one year as he may specify in his order, and on such order being made the Sarpanch shall cease to be a member of the Grama Panchayat.

(b) Nothing contained in the preceding Sub-Sections shall apply in respect of a default as specified above.

6. While adverting to Section 115 of the Act, 1964