Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.1352 of 2025
Nishiprava Jena …. Petitioner
Mr. B.S. Panigrahi, Advocate
-Versus-
State of Odisha & others …. Opposite parties
Mr. C.M. Singh, ASC
CORAM:
MR. JUSTICER.K. PATTANAIK
Order No.
ORDER 16.01.2025
01. 1. Heard Mr. Panigrahi, learned counsel for the petitioner and Mr. Singh, learned ASC for the State. 2. No notices are issued to the private opposite parties, as the matter is disposed of at the stage of admission. 3. Instant writ petition is filed by the petitioner for a direction to the opposite parties, in particular, opposite party No.3 to consider disqualification of opposite party Nos.6 to 13 in terms of Section 25 (2)(b) of the Odisha Gram Panchayats Act, 1964 (hereinafter referred to as ‘the Act’) and thereafter, to examine the validity of the resolution dated 1st October, 2024 and requisition dated 8th October, 2024 as at Annexure-5 before proceeding to act upon the same on the grounds stated therein. 4. Referring to Annexure-5 and since, it was followed by Annexure-6 having been received by opposite party No.3, learned counsel for the petitioner submits that the private opposite parties
incur disqualification in view of Section 25(2)(b) of the Act, but the same has not been considering and pending since 10th September, 2024 and while claiming so, he refers to Annexure-4. 5. Recorded the submission of Mr. Singh, learned ASC for the State. 6. Having regard to the fact that the motion is postponed with an intimation by order as per Annexure-6 to all the members of the Gram Panchayat about the future date to be fixed, recording the submission of the learned counsel for the petitioner that the members, who are the signatories of the resolution and requisition since invite disqualification as per the Act, this Court is of the view that such grievance of the petitioner, against whom, the motion is initiated, should be immediately examined by opposite party No.3 as such a direction would serve the purpose and meet the ends of justice. 7. Accordingly, it is ordered. 8. In the result, the writ petition stands disposed of with the direction as aforesaid to be complied with by opposite party No.3 considering Annexure-4 and to take a decision at any time before the date of no confidence motion, if the same has taken place in the meantime. 9. Issue urgent certified copy of the order as per rules. 10. A copy of the order be supplied to Mr. Singh, learned ASC for the State for onward transmission. (R.K. Pattanaik) Judge
Alok Designation: Asst.
Registrar-Cum-Senior Secretary