Orissa High Court
Pramod Kumar Sahu vs State Of Odisha And Others .... Opposite ... on 28 November, 2024
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.28904 of 2024
Pramod Kumar Sahu .... Petitioner
M/s. L. Samantaray, Advocate and Associates
-Versus-
State of Odisha and others .... Opposite Parties
Mr. R. Pradhan, ASC
Mr. S.R. Pati, Advocate for O.P. No.10
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
Order 28.11.2024 No. 02. 1. With the consent obtained Mr. Lalatendu Samantaray,
learned counsel and his associates have entered appearance today for the petitioner and files Vakalatnama, which is accepted and taken on record. The name of Mr. Samantaray, learned counsel and associates be reflected in the cause list and brief henceforth deleting the names of the earlier engaged counsels.
2. Heard Mr. Samantaray, learned counsel for the petitioner, Mr. Pradhan, learned ASC for the State opposite party Nos.1 to 4 and Mr. Pati, learned counsel for opposite party No.10.
3. No notices are issued to the other opposite parties as the matter is disposed of at the stage of admission.
4. Instant writ petition is filed by the petitioner challenging the impugned notice dated 11th November, 2024 in respect of a no confidence motion initiated against the petitioner in terms of Section 24 of the Orissa Grama Panchayats Act, 1964 (hereinafter Page 1 of 4 referred to as 'the Act') scheduled to be held on 30th November, 2024 on the grounds stated.
5. Mr. Samantaray, learned counsel for the petitioner submits that the resolution has been signed on 22nd October, 2022, whereas, the meeting purportedly held on 20th October, 2024, hence, there is a discrepancy and in so far as participation of some of the members is concerned, complaints against them are pending as per Annexures-7 and 8 without any decision in terms of Section 26 of the Act. In fact, as per Mr. Samantaray, learned counsel, appeal is pending before learned Collector-cum-District Magistrate, Kalahandi, namely, opposite party No.2 filed under Section 26(3) of the Act without disposal of the same till date. With the above submission, Mr. Samantaray, learned counsel lastly contends that the vote of confidence which is to be held on the date fixed is not in consonance with the provisions of the Act, all the more when, disqualification of some of the members is alleged, hence, therefore, the action is required to be interfered with and set aside.
6. Recorded the submission of Mr. Pradhan, learned ASC for the State, who justifies the impugned notice i.e. Annexure-1 upon receipt of the requisition along a copy of the resolution dated 20th October, 2024.
7. Mr. Pati, learned counsel for opposite party No.10 submits that resolution has been passed on 20th October, 2024 and it was thereafter, sent along with the requisition addressed to opposite party No.3, hence, there has been due compliance of the provisions of the Act. It is further submitted that the disqualification of some of the members, who are to participate in the vote of confidence and decision thereon to be pending is inconsequential, inasmuch as, such Page 2 of 4 a proceeding is independent and on such ground the no confidence motion under Section 24 of the Act cannot be intervened or deferred.
8. In course of hearing, Mr. Pati, learned counsel for opposite party No.10 produced a copy of the Court's order in W.P.(C) No.26771 of 2024 dated 30th October, 2024 and further contends that action under Section 26 of the Act is independent and such a view has already been expressed by this Court referring to the decision in Ananda Pradhan Vrs. Collector, Khurda and others, 2011 (I) OLR 359.
9. Perused the resolution as at Annexure-2. Such resolution has been signed by the members present at the meeting and by the President on 22nd October, 2024. It is prima facie made to appear that the meeting was held on 20th October, 2024 and the members as well as the President unanimously agreed to initiate the vote of confidence against the petitioner and thereafter, submitted the requisition to opposite party No.3, upon which, the motion was fixed to 30th November, 2024. The Court considering the submission of Mr. Samantaray, learned counsel for the petitioner and regard being had to the resolution dated 22nd October, 2024 in respect of the meeting held on 20th October, 2024 and the unanimous decision for having lost the confidence in the petitioner and therefore, to proceed against him as per Section 24 of the Act, no case is made out for interference. As far as disqualification of some of the members to the meeting is concerned, as a view has been expressed earlier in W.P.(C) No.26771 of 2024 reiterating the conclusion reached at in Ananda Pradhan (supra), the Court is of the further view that the proceeding under Sections 24 and 26 of the Act are quite distinct, independent and mutually exclusive, hence, Page 3 of 4 therefore, on such ground, as has been advanced at present, the motion to be held on 30th November, 2024 cannot be interfered with.
10. At this juncture, Mr. Samantaray, learned counsel for the petitioner submits that if the Court is not inclined to intervene with motion to be held on 30th November, 2024, then it should be directed to be subject to the result of the decision by opposite party No.2 with regard to the disqualification pending against some of the members, who are the signatories of the resolution i.e. Annexure-2. However, considering the law decided in Ananda Pradhan (supra) and response received from Mr. Pati, learned counsel for the opposite party No.10 as well as Mr. Pradhan, learned ASC for the State, the Court is of the view that the motion is to take place and any such cause of action which would arise later to the disqualification in terms of Section 26 of the Act, action to follow accordingly with the inevitable consequences prescribed under law.
11. Accordingly, it is ordered.
12. In the result, the writ petition stands disposed of.
13. Urgent certified copy of this order be issued as per rules.
(R.K. Pattanaik) Judge TUDU Signature Not Verified Digitally Signed Signed by: THAKURDAS TUDU Designation: Sr. Stenographer Reason: Authentication Location: OHC,CTC Date: 29-Nov-2024 11:02:01 Page 4 of 4