The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.859 of 2025 Bijay Sukla and others …. Appellants State of Odisha and others …. Respondents -Versus- Advocates appeared in this case: For Appellants : Mr. Budhadev Routray, Senior Advocate and Mr. Tanmay Mishra, Advocate For Respondents No.1 to 4 For Respondents No.5, 6, 8, 11 to 18, 20 to 26, 28 to 30, 32, 33, 36, 40, 42 & 43 For Respondents No.7, 9, 10, 19, 27, 31, 34, 35, 37 to 39 & 41 : Mr. Pitambar Acharya, Advocate General and Mr. Saswat Das, Additional Government Advocate : Mr. S.S. Tripathy, Advocate and Associates : Mr. Adwitiya Satpathy, Advocate CORAM: HON’ BLE THE CHIEF JUSTICE AND HON’BLE MR. JUSTICE MURAHARI SRI RAMAN J U D G M E N T ---------------------------------------------------------------------------------- Date of hearing and Judgment: 16th May, 2025 ---------------------------------------------------------------------------------- W.A. No.859 of 2025 Page 1 of 13
Facts
Signature Not Verified Digitally Signed Signed by: MRUTYUNJAYA PANDA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-May-2025 19:49:26 HARISH TANDON, CJ. 1. The Twenty-two persons including the Chairperson of the Panchayat Samiti have filed the instant writ appeal assailing the order dated 6th May, 2025 passed by a learned Single Judge of this Court in W.P.(C) No.10553 of 2025, whereby and whereunder the said writ petition was dismissed being unmeritorious. 2. Undeniably, more than one-third members of the said Panchayat Samiti made a requisition flagging an issue of no confidence against the Chairperson and a date was fixed for convening the meeting by the concerned Sub-Collector. A day before the date fixed for convening the meeting, a communication was made by the said officer that the same is postponed for non- availability of nine members, who are indisposed. Challenging the same, the writ petition was filed and a plea was taken that the said letter postponing the date for convening the meeting is illegal and to be declared as such and in view of the provisions contained in Section 46-B(2)(g) and 46-B(3) of the Odisha Panchayat Samiti Act, 1959, (the ‘Act’ for short), such postponement be declared as annulled and an embargo created therein should remain binding on the parties. The learned single Judge proceeded on the premise that Page 2 of 13 Signature Not Verified Digitally Signed Signed by: MRUTYUNJAYA PANDA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-May-2025 19:49:26 W.A. No.859 of 2025 the postponement of a meeting is not akin to adjournment thereof and therefore, the embargo created under Section 46-B of the said Act is not attracted. The learned single Judge further held that there is no fetter on the part of the officer to postpone the date for convening a meeting and once the same is postponed on a justiciable ground, it does not create any bar in fixing another date for convening the meeting. The entire dispute revolves around the interpretation of Section 46-B of the said Act, which reads thus: “46-B. Vote of no confidence against Chairman and Vice-Chairman of Samiti - (1) Where at a meeting of the 2[* * *] Samiti specially convened in that behalf a resolution is passed, supported by a majority of ‡[not less than two-thirds of] the total number of members having a right to vote, recording want of confidence in the Chairman or Vice-Chairman of such †[* * *] Samiti the resolution shall forthwith be published by such authority and In such manner as may be prescribed and with effect from the date of such publication the Chairman or Vice-Chairman, as the case may be, shall be deemed to have vacated office. (2) In convening a meeting under Sub-section (1) and in the conduct of business at such meeting the procedure herein specified shall be followed, namely: (a) no such meeting shall be convened except on a requisition signed by at least one-third of the members with a right to vote, along with a copy of the resolution proposed to be moved at the meeting; 4[(b) the requisition shall be addressed to the Sub- divisional Officer;] Signature Not Verified Digitally Signed Signed by: MRUTYUNJAYA PANDA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-May-2025 19:49:26 W.A. No.859 of 2025 Page 3 of 13 (c) 5[the Sub-divisional Officer] on receipt of such requisition shall fix the date, hour and place of such meetings and give notice of the same to all the members with a right to vote, alongwith a copy of the requisition and of the proposed resolution, at least seven clear days before the date so fixed; 1[(d) the Sub-divisional Officer or when he is unable to attend any other Gazetted Officer not below the rank of a 2[Sub-Deputy Collector], authorised by him, shall preside over and conduct the proceedings of the meeting;] (e) the voting at all such meetings shall be by secret ballot; (f) 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 Chairman or the Vice-Chairman shall be taken up for consideration at the meeting; 3[(f-1) no such resolution shall be taken up for consideration „[unless it has been proposed by one member and has been seconded by another member at the meeting;] 3[(f-2) after the resolution is taken up for consideration the member proposing the resolution may open the discussion thereon and other members may speak on the resolution in the order in which they are called upon by the Presiding Officer : Provided that no member shall, unless so permitted by the Presiding Officer, have the right to speak more then once and if any member who is called upon does not speak he shall not be entitled, except by the permission of the Presiding Officer, to speak at a later stage of the discussion; (f-3) where the Chairman or as the case may be, the Vice-Chairman, against whom the resolution has been tabled, is present, he shall be given an opportunity to Signature Not Verified Digitally Signed Signed by: MRUTYUNJAYA PANDA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-May-2025 19:49:26 W.A. No.859 of 2025 Page 4 of 13 speak by way of reply to the resolution and the discussion made at the meeting; (f-4) the Presiding Officer may fix the time within which each member, Including the Chairman and Vice- Chairman, shall conclude his speech; (g) if the number of members present at the meeting is less than 4[a majority of two-thirds] of members having a right to vote the resolution shalt stand annulled; and (h) if the resolution is passed at the meeting supported by 4[a majority of two-thirds] of members having a right to vote, 4[the Sub-divisional Officer] shall forward the resolution to the authority prescribed in pursuance of Sub-section (1).] 5[(3) When a meeting has been held in pursuance of Sub-section (2) for recording want of confidence in the Chairman or Vice-Chairman, as the case may be, no fresh requisition for a meeting shall be maintainable- (a) in cases falling under Clauses (g) and (h) 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 Samiti has already been published under or in pursuance of Sub-section (2) of Section 49.] 1[(4) Without prejudice to the provisions of Sub-section (3) no requisition under Sub-section (2) shall be maintainable in the case at a Chairman or Vice- Chairman, as the case may be, before the expiry of 2[two years and six months] from the date on which such Chairman or Vice-Chairman enters office : 3[Provided that all requisitions received under Sub- section (2) prior to the date of commencement of the Odisha Panchayat Samiti (Second Amendment) Act, 1993 on which no meeting for recording went of confidence has been held by the said date, shall stand abated.]” Page 5 of 13 Signature Not Verified Digitally Signed Signed by: MRUTYUNJAYA PANDA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-May-2025 19:49:26 W.A. No.859 of 2025 3. On a meaningful reading of the said provision, it is manifestly clear that a meeting may be convened on the requisition of one-third member of the Samiti and the resolution so passed if supported by two-thirds of the total number of the members having a right to vote, such resolution would invite an immediate vacation of office by the Chairman or the Vice-Chairman as the case may be. Sub-Section (2) of Section 46-B contained an exhaustive provision relating to the procedures and the manner in which such meeting is to be convened and a complete bar is created in adjournment of the meeting to a subsequent date. The consequence though not expressly provided therein but in the event the resolution taken in the said meeting falls short of two-third members, the resolution of such nature cannot be taken out before the expiry of one year from the date of such meeting. 4. There appears to be a dissent in the mind of the petitioners as well as the contesting respondents on the proper interpretation to be assigned to the word the ‘adjournment’ appearing in this said Section. According to the Petitioners, any deferment or postponement of the date fixed for convening the meeting would come within the ambit of an adjournment and therefore the bar Page 6 of 13 Signature Not Verified Digitally Signed Signed by: MRUTYUNJAYA PANDA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-May-2025 19:49:26 W.A. No.859 of 2025 created thereunder would automatically be pressed in action; on the other hand, the opposite parties have interpreted the same in a diametrically opposite manner and sought to make a distinction between the deferment and the adjournment, which cannot be
Legal Reasoning
We do not intend to go further in this aspect as we find that the action of the authority though not coming strictly within the folds of the aforementioned Section yet the doctrine of malice or action tainted with mala fide motive are some of the concomitants of the judicial parlance and the action of the authorities can be impinged. Even if the requisition was made by the members constituting the coram provided in the statute, the same is for the purpose of convening a meeting and as the learned Advocate General fairly pointed out it must pass the muster of floor test on Page 10 of 13 Signature Not Verified Digitally Signed Signed by: MRUTYUNJAYA PANDA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-May-2025 19:49:26 W.A. No.859 of 2025 the date when the meeting is scheduled to be convened. The requisition is only for the purpose of bringing notice to the authority, the intention of no confidence on the Chairman or a Vice-chairman, but in a meeting to be convened strictly keeping adherence of the statutory provisions, a resolution must be adopted by two thirds majority of the members having right to vote. It is inconceivable that in absence of any convincing materials forthcoming, the meeting was postponed as nine members of the Panchayat Samiti were indisposed, which has been communicated. There is no material forthcoming in support of the aforesaid contention except the notice of postponement records such fact. The postponement and/or deferment solely on such ground without any corroborative materials is susceptible for ramification and may at times convey the latent intent which may not be made patent. At times the resolution may fail because of the inadequacy in the numbers and sometimes it may pass depending upon the intention and the wisdom of the members on the day of the meeting. Since the deferment/postponement was made on the ground that the nine members of the Samiti were indisposed and could not attend the meeting, in an absence of any sufficient materials forthcoming in Page 11 of 13 Signature Not Verified Digitally Signed Signed by: MRUTYUNJAYA PANDA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-May-2025 19:49:26 W.A. No.859 of 2025 this regard, the possibility of a mala fide hidden motive cannot be ruled out at this stage. Any action of the authority must pass through muster of fairness, transparency and impartiality and any such action tainted with ill motive or mala fide intendment, the same is susceptible to be interfered in exercise of the power conferred upon the Court under Article 226 of the Constitution. 9. Though the petitioners are very much vocal in their submissions that the postponement was made with an intent to avoid the defeat of the motion, but we do not feel to go into the above aspect in absence of any cogent materials forthcoming in this regard. Since we find that in absence of any materials, the postponement appears to be tainted with a mala fide and we therefore find that even if the case does not come strictly within the contour of the provisions contained in Section 46-B of the Act yet it needs interference on the reasonings as expressed hereinabove. 10. The support can be lend to an enlightening observations of the apex Court in case of Ravi Yashwant Bhoir v. Collector reported in (2012) 4 SCC 407, wherein it is held as under: Signature Not Verified Digitally Signed Signed by: MRUTYUNJAYA PANDA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-May-2025 19:49:26 W.A. No.859 of 2025 “47. This Court has consistently held that the State is under an obligation to act fairly without ill will or Page 12 of 13 malice in fact or in law. Where malice is attributed to the State, it can never be a case of personal ill will or spite on the part of the State. “Legal malice” or “malice in law” means something done without lawful excuse. It is a deliberate act in disregard to the rights of others. It is an act which is taken with an oblique or indirect object. It is an act done wrongfully and wilfully without reasonable or probable cause, and not necessarily an act done from ill feeling and spite.” 11. The notice dated 4th April, 2025 is hereby quashed and set aside. The order of the learned single Judge is also set aside. 12. However, we made it clear that there is no fetter on the part of the requisitionist to make a fresh requisition as the embargo of one year is not attracted in the instant case and in the event such requisition is made strictly in adherence of the provisions of the statute, there would be no fetter on the part of the competent authority to act as permissible in law. 13.
Arguments
treated as synonyms. 5. Our attention is drawn to a division Bench Judgment of this court rendered in case of Sri Balmiki Pradhan v. State of Orissa and others, reported in (2007) 103 CLT 164 wherein the coordinate Bench has put emphasis on the word ‘adjourned’ and ‘deferred’, being the words of different connotation and apply in a different field, it is held that the adjournment has to be understood in the perspective of the fact where the meeting commenced but for some reason or other could not be successfully concluded. On the other hand, the deferment though invites the fixation of another date, yet it stands on a different footing where the meeting never commenced and the next date is fixed by taking a conscious decision. It would be apt to recapitulate the excerpt from the said judgment, where such distinction has been succinctly jotted down in the following manner: Signature Not Verified Digitally Signed Signed by: MRUTYUNJAYA PANDA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-May-2025 19:49:26 W.A. No.859 of 2025 Page 7 of 13 ’adjourned’ nor the word “8. Neither the word ’deferred’ has been defined in the Act and the Rules framed thereunder. The word ’adjournment’ according to Blacks Law Dictionary means a putting off or postponing of business or of a session until another time or place. The act of a Court, legislative body, public meeting, or officer, by which the session or assembly is dissolved, either temporarily or finally, and the business in hand dismissed for consideration, either definitely or for an interval. If the adjournment is final, it is said to be sine die. According to the said dictionary, the word ’defer’ means Delay; put off; remand; postpone to a future time. (Emphasis supplied.) 9.According to the Concise Oxford English Dictionary (10th Edition), the word ’adjourn’ means brake off (a meeting) with the intention of resuming it later and the word ’defer’ means put off to a later time; postpone. to hold the proceeding/meeting on 10. In common parlance also, we are of the opinion that there is certain difference between an adjournment and a deferment. Adjournment always means any proceeding taken up and is shifted to a future date but deferring a proceeding to a future date is on account of inability the scheduled date. It is also clear from the above provision of the Act that the bar imposed under Section 24(2)(h) of the Act is a bar for adjourning the meeting of "Vote of No Confidence". It is specifically provided that such a meeting cannot be adjourned. There is no bar for holding such a meeting on a subsequent date if the same has not been held at all on the date when it was scheduled to be held.” 6. Though both the words deferment and adjournment are intended to achieve the common goal i.e. fixation of another date yet it operates in a specified field. The deferment or postponement is always construed as prolongation of the thing, which remained Page 8 of 13 Signature Not Verified Digitally Signed Signed by: MRUTYUNJAYA PANDA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-May-2025 19:49:26 W.A. No.859 of 2025 in existence before it could commence whereas the adjournment though also achieved the same goal i.e. the prolongation of a thing to another date, yet its operation is restricted after the commencement of a thing and not before it. Such distinction is real and no attempt should be made to blurred the same. We are conscious that the “word” or the “expressions” used in a statutory document should be assigned the meaning which would further the object and the purpose underlying the incorporation thereof and if a definite meaning is assigned in the statute itself, no external aid should be resorted to. Equally the moment the statute does not give definite meaning to the word used therein, the interpretative tool should be taken recourse to further the object and not to frustrate the same. The complete embargo is created on an adjournment and in view of a distinct meaning having assigned as aforesaid, it can neither be treated as a synonym of deferment or postponement nor the same meaning to be ascribed as it would offend the core fabric of the legislative intendment. 7. We do not find any distinguishing feature nor any material is forthcoming to take a dissenting view to what has already been taken by the coordinate Bench in the above referred report. The Page 9 of 13 Signature Not Verified Digitally Signed Signed by: MRUTYUNJAYA PANDA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-May-2025 19:49:26 W.A. No.859 of 2025 comity of Judicial Discipline commands not only uniformity in the decisions, but also the avoidance of conflicting decisions to operate simultaneously in the field. In the event the coordinate Bench could not persuade itself to the proposition of law laid down by an earlier coordinate Bench, the proper course is to refer the matter to the Chief Justice to constitute a larger Bench. The adherence of the judicial decisions taken by the coordinate Bench is always regarded as binding on the subsequent coordinate Bench and the departure is permissible on a sound legal reasonings to be provided by the subsequent coordinate Bench while referring the matter to the Chief Justice to be decided by a larger Bench. 8.
Decision
The appeal is accordingly disposed of. Judge (Harish Tandon) Chief Justice (M.S. Raman) Page 13 of 13 M. Panda A. Nanda Signature Not Verified Digitally Signed Signed by: MRUTYUNJAYA PANDA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-May-2025 19:49:26 W.A. No.859 of 2025