Orissa High Court
Sasmita Tarai vs State Of Odisha on 9 March, 2026
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 6639 of 2026
Sasmita Tarai .... Petitioner
Mrs. P. Rath, Senior Advocate
Mr. P. Mohanty, Advocate
-versus-
1. State Of Odisha, .... Opposite Parties
represented through its
Commissioner-Cum-
Secretary, Panchayati Raj
& Drinking Water
Department, Bhubaneswar
2. The Collector-Cum-District
Magistrate, Jajpur
3. Chief Development Officer-
Cum-Executive Officer,
Zilla Parishad, Jajpur
Mr. M.R. Mohanty, AGA
CORAM: JUSTICE V. NARASINGH
ORDER
09.03.2026 Order No.
01. 1. Appearance memo filed by Mrs. P. Rath, learned Senior Counsel for the Petitioner is taken on record.
2. Heard Mrs. Rath, learned Senior Counsel instructed by Mr. Mohanty, learned counsel for the Petitioner and Mr. Mohanty, learned AGA for the Opposite Parties.
Page 1 of 63. The present writ petition has been filed seeking quashing of Annexure-1 dated 05.08.2025 related to approval of projects under the 5th SFC Devolution of Funds (ZP Share) for the financial year 2025-2026 relating to Korei Block under Pachhikote GP. The projects in question at Serial Nos.1 & 2 under the heading of Approval of Projects under 5th SFC (Devolution) of Funds ZP Share for the financial year 2025-2026 run thus: -
SI. Block GP Village Zone Project Name Estimated No. Name No Cost (In Rs) 1 Korei Pachhikote Pachhikote 1 Development of 200000.00 playground at Pachhikote Govt. High School 2 Korei Pachhikote Pachhikote 1 Construction of 547264.00 CC road with paver Block road from Shree Jagannath Temple to PWD road xxx xxx xxx
4. It is the submission of the learned Senior Counsel, Mrs. Rath that the modus operandi adopted for approval of projects are in essence violative of the provisions as contained in Section 5(3)1 of the Orissa 1
5. Grama Sabha and its function - (1) and (2) xxx xxx xxx (3) The Grama Sasan shall have the power to-
Page 2 of 6Grama Panchayats Act, 1964 as well as Section 62 of the Orissa Grama Panchayats Act, 1964 dealing with
(a) approve the plans, programmes and projects for social and economic development before such plans, programmes and projects are taken up for implementation by the Grama Panchayat;
(b) identify or select persons as beneficiaries under the poverty alleviation or similar other programmes:
Provided that every Grama Panchayat shall be required to obtain from the Grama Sasan a certificate of utilisation of funds by that Panchayat for the plans, programmes and projects referred to in Clauses (a) and (b);
(c) consider and approve the annual budget of the Grama Panchayat including the supplementary or revised budget;
(d) consider levy of all taxes, rents and fees and enhancement of rates thereof;
(e) organise community service and drawing up and implementation of agricultural production plans;
(f) consider all such matters as may be referred to it by the Grama Panchayat for its decision;
(g) call for such information and data from the Grama Panchayat as it may consider necessary; and
(h) consider such other matters as may be prescribed.2
6. Palli Sabha and its functions - (1) For every village within the Grama, there shall be constituted by the State Government a Palli Sabha, provided that where the area comprised within a ward constituted for the Grama under section 8 consists of more than one village there shall be only one Palli Sabha for such ward.
(2) Each Palli Sabha shall consist of all persons registered by virtue of the Representation of the People Act, 1950 in so much of the electoral roll for any Assembly Constituency for the time being in force as relates to the area in respect of the Palli Sabha and the said portion of the roll shall be deemed to be electoral roll of the Palli Sabha. (3) The Palli Sabha shall meet annually in February every year and may also meet at other times in the manner prescribed. (4) The person representing the Palli Sabha area in the Grama Panchayat or if there be more than one such person, one from the list of all such persons in order of preference to be determined by the Grama Panchayat, shall preside over the meeting of the Palli Sabha and in the absence of all such persons at the meeting at the appointed time, those present at the meeting may elect one from amongst themselves to preside over the meeting.
(5) (a) The quorum for the meeting of the Palli Sabha shall be one-tenth of the members of the Palli Sabha.
(b) In the event of there being no quorum at any Palli Sabha it shall stand adjourned to a future day for which notice shall be given in the prescribed manner and no quorum shall be necessary for any such adjourned meeting:
Provided that if any member of the Palli Sabha files a complaint either in writing or in person in the next meeting of the Grama Panchayat challenging that the proceedings have not been correctly recorded by the President, the Grama Panchayat may in its discretion, summon another meeting of the Palli Sabha, to consider the same issue or issues, to be Page 3 of 6 Palli Sabha and its functions and is also violative of the Constitutional mandate under Article 243-A 3 as well as 243-G4 of the Constitution of India.
5. It is submitted by the learned Senior Counsel that since decision has been taken without taking into account the views of the elected representatives, the Petitioner could not approach this Court earlier though the impugned letter for quashing of which the present writ petition has been filed is dated 05.08.2025.
held in the presence of a member of the Panchayat not connected with the Palli Sabha, duly authorised by the Panchayat in this behalf; and the recorded proceedings of this meeting, if duly countersigned by the said member of the Panchayat shall be taken to be final. (6) It shall be the duty of the Palli Sabha at its annual meeting in February each year to give its recommendations to the Grama Panchayat in respect of the following matters in so far as such matters relate to the Palli Sabha area, namely:-
(a) the development works and progamme that may be taken up during the ensuing year; and
(b) the annual budget estimate submitted by the Grama Panchayat under sub-section (1) of section 98. (7) Nothing in this section shall apply in respect of a Grama comprising of one village only.3
243-A. Gram Sabha.- A Gram Sabha may exercise such powers and perform such functions at the village level as the Legislature of a State may, by law, provide.
4243G. Powers, authority and responsibilities of Panchayats.- Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow the Panchayats with such powers and authority and may be necessary to enable them to function as institutions of self- government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to-
(a) the preparation of plans for economic development and social justice;
(b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule.
Page 4 of 66. It is further submitted that the moment they come to know about the surreptitious manner by passing the statutory mechanism, the funds have been allocated for the projects on extraneous consideration, the Petitioner who is the member of the Zilla Parishad, Jajpur has ventilated the grievance before the Opposite Party No.2-Collector-Cum-District Magistrate, Jajpur, Opposite Party No.3-Chief Development Officer-Cum-Executive Officer, Zilla Parishad, Jajpur as well as the B.D.O. The representations are on record.
7. It is submitted that since the said representations have admittedly been received on 20.02.2026 and in spite of the receipt of the same, since no action is initiated, the Petitioner having no alternative remedy has moved this Court keeping in view the overwhelming public interest.
8. Learned AGA, Mr. Mohanty on the other hand opposes the prayer and submits that without pursuing the representation, the Petitioner has rushed to this Court. He also relies on the comprehensive Guidelines on Utilization of Grants-in- Aid under different components as recommended by the 5th State Finance Commission for the period from 2020-21 to 2025-26 (6 years) issued by the Government of Odisha under the Panchayati Raj & Page 5 of 6 Drinking Water Department dated 14.09.2020 and submits that there is no violation as alleged and in fact reference to the alleged violations of the Orissa Grama Panchayats Act, 1964 is misconceived.
9. Be that as it may, since the Petitioner has ventilated her grievance before the authority and the Opposite Party No.3 has endorsed on the body of such representation that the matter is to be examined, this Court feels that interest of justice would be sub-served if the said Opposite Party No.3- Chief Development Officer-Cum-Executive Officer, Zilla Parishad, Jajpur is directed to take a decision within a period of four weeks from the date of receipt of copy of this order along with copy of this writ petition after giving an opportunity of hearing to the Petitioner or her authorized representative. The decision so taken shall be communicated to the Petitioner.
10. Accordingly, the writ petition stands disposed of.
11. In view of disposal of writ petition, pending I.As., if any, stand disposed of.
Signature Not Verified (V. Narasingh)Digitally Signed Judge
Signed by: AYESHA ROUT
Reason: Authentication Ayesha
Location: High Court of Orissa, Cuttack Date: 10-Mar-2026 14:06:47 Page 6 of 6