Bishnu Munda v. State of Odisha

CORAM: JUSTICE V. NARASINGH ORDER 13.02.2026 Order No.

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

2. Assailing the institution of no-confidence motion dated 28.01.2026 at Annexure-1 against the Petitioner, who is the Sarpanch of Guhaldangri G.P. under Rairangpur Block, the present writ petition has been filed.

3. The challenge, in essence is in two parts. One, that the import of the resolution cannot be mechanically accepted since, prior to the same, there is no allegation against the present Petitioner and the motion seeking disqualification of some of the requisitionists is pending consideration. And, to fortify his submission in this regard learned counsel for the Petitioner relies particularly on Section 25(1)(m) of the Odisha Grama Panchayat Act, 1964, which reads as under: “25. Disqualification for membership of Grama Panchayat- (1) A person shall be disqualified for being elected or nominated as, a Sarpanch or any other member of the Grama Panchayat constituted under this Act, if he (a) to (l).xxx (m) is in the habit of encouraging litigation in the Grama and has been declared to be so on enquiry by the Collector in the prescribed manner or by any other authority under any law for the time being in force; or xxx”

4. Hence, it is submitted that a democratically elected Sarpanch, who is discharging his duties to the post to the best of his abilities, is sought to be unseated on extraneous consideration by adopting a methodology which militates against schematic arrangement of the Odisha Grama Panchayat Act, 1964.

5. Per contra, learned AGA, Mr. Ray for the State submits that ex facie the contentions are untenable and, in this context, attention of this Court is drawn to Section 26(3) of the Odisha Grama Panchayat Act, 1964 quoted below. And, referring to the same, it is submitted that till the publication in terms of Section 26(3) of Odisha Grama Panchayat Act, 1964, the requisitionists cannot be said to have incurred disqualification. Merely because is pending adjudication, it cannot be a ground to urge that they do not have the locus to take steps for institution of no confidence motion. “26. Procedure of giving effect to disqualifications – (1)xxx (2)xxx (3)Where the Collector decides that the Sarpanch, Naib-Sarpanch or any other member is or has become disqualified such decision shall be forthwith published by him on his notice-board and with effect from the date of such publication the Sarpanch, Naib- Sarpanch or such other member, as the case may be, shall be deemed to have vacated office, and till the date of such publication he shall be entitled to act, as if he was not disqualified.”

6. The Vote of no confidence against a Sarpanch is governed by the provisions under Section 24 of the Odisha Grama Panchayat Act, 1964, wherein a detailed procedure has been envisaged so as to ensure that rights of a democratically elected Sarpanch is not marginalized while giving scope to mount the challenge that such elected Sarpanch has lost the confidence of the chosen representatives, is not stifled. For convenience of reference Section 24 of the Odisha Grama Panchayat Act, 1964 is quoted hereunder; “24. Vote of no confidence against Sarpanch or Naib-Sarpanch – (1) Where at a meeting of the Grama Panchayat specially convened by the Sub- divisional Officer in that behalf a resolution is passed, supported by a majority of not less than two-thirds of the total membership of the Grama Panchayat, recording want of confidence in the Sarpanch or Naib-Sarpanch the resolution shall forthwith be forwarded by the Sub-divisional Officer to the Collector, who shall immediately on receipt of the resolution publish the same on his notice- board and with effect from the date of such publication the member holding the office of Sarpanch or the Naib-Sarpanch, as the case may be, shall be deemed to have vacated such BUGLE office. (2) In convening a meeting under sub- section (1) and in the conduct of business at such meeting the procedure shall be in accordance with such rules, as may be prescribed, subject however to the following provisions, namely:- (a) no such meeting shall be convened except on a requisition signed by at least one-third of the total membership of the Grama Panchayat along with a copy of the resolution proposed to be moved at the meeting; (b) the requisition shall be addressed to the Sub-Divisional Officer; (c) the Sub-Divisional Officer on receipt of such requisition shall fix the date, hour and place of such meeting and give notice of the same to all the members holding office on the date of such notice along with a copy of the proposed resolution, at least fifteen clear days before the date so fixed; (d) the aforesaid notice shall be sent by post under certificate of posting and a copy thereof shall be published at least seven days prior to the date fixed for the meeting in the notice-board of the Samiti; (e) the proceedings of the meeting shall not be invalidated merely on the ground that the notice has not been received by any member; requisition and of (f) the Sub-divisional Officer or if he is unable to attend, any Gazetted Officer specially authorised by him in that behalf shall preside over, conduct and regulate the proceedings of the meeting; (g) the voting at all such meetings shall be by secret ballot; (h) no such meeting shall stand adjourned to a subsequent date and no item of business other than the resolution for recording want of confidence in the Sarpanch or Naib- Sarpanch, as the case may be, shall be taken up for consideration at the meeting; (i) if the number of members present at the meeting is less than two-thirds of the total membership of the Grama Panchayat, the resolution shall stand annulled; (j) if the resolution is passed at the meeting supported by the majority as specified in sub-section (1) the presiding officer shall immediately forward the same in original along with the record of the proceedings to the Collector who shall forthwith publish the resolution in accordance with the provisions of sub-section (1); and (k) where any Gazetted Officer presides at the meeting he shall, without prejudice to the provisions of clause (j), also send a copy of the resolution to the Sub-divisional Officer for information and such action as may be necessary. [(3) When a meeting has been held in pursuance of sub-section (2) for recording want of confidence in the Sarpanch or Naib-Sarpanch, as the case may be, no fresh requisition for a meeting shall be maintainable- (a) in cases falling under clauses (i) and (j) of the said sub-section or where the resolution is defeated after being considered at the meeting so held, before the expiry of one year from the date of such meeting: or (b) where the notification calling for general election to the Grama Panchayat has already been published under or in pursuance of section. 12.] (4) Without prejudice to the provisions of sub-section (3) no requisition under sub- section (2) shall be maintainable in the case of a Sarpanch or Naib-Sarpanch, as the case may be, before the expiry of [two years and six months] from the date on which such Sarpanch or Naib-Sarpanch enters office. [Provided that all requisitions received under Sub-section (2) prior the date of the Odisha Grama commencement of Panchayats (Second Amendment) Act, 1993, in which no meeting for recording want of confidence has been held by the said date, shall stand abated.] Explanation-The "total membership of the Grama Panchayat" shall refer to the total number of members specified in sub-section (1) of section 10 together with the number of members, if any, actually holding office at the relevant expression date in pursuance of Sub-section (3) of the said section.”

7. On a bare reading of the provisions of Sections 24 & 26 of the Odisha Gram Panchayats Act, 1964, it is manifestly clear that they operate independently. Hence, the submission of the Petitioner that culmination of the proceeding under Section 26(3) of the Odisha Grama Panchayat Act, 1964 is a condition precedent for maintaining initiation of a motion in terms of Section 24 of the Odisha Grama Panchayat Act, 1964 is patently against the schematic arrangement of the Odisha Grama Panchayat Act, 1964, defeating the intention of the legislature. Accordingly, this Court is not inclined to entertain the writ petition. The writ petition accordingly stands disposed

8. of. In view of disposal of writ petition, pending I.As., if any stand disposed of. (V. Narasingh) Judge Ayesha Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Feb-2026 17:04:22