MANAMATI PUJARI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Sarpanch of Grama Panchayat is in this Intra-Court appeal for laying a challenge to a learned Single Judge's order dtd. 13/10/2025 whereby his W.P.(C) No.4096 of 2025 has been negatived. In that petition, he had, in substance, called in question the proceedings of No Confidence mainly on the ground that the statutory notice was not accompanied by copies of requisition & proposed resolution.

(2.) Learned counsel appearing for the appellant vehemently argues that the No Confidence Motion is fraught with infirmity, inasmuch as the mandatory requirement of meeting notice being accompanied by copies of requisition & proposed resolution was not met and thus, there is a gross violation of the provisions of Sec. 24 of the Odisha Grama Panchayat Act, 1964. He presses into service a Full Bench decision of this Court in Nabanita Kapat Patra v. Collector, Kandhamal, 2025 (III) ILR-CUT-1221, in support of his contention.

(3.) Learned AGA appearing for the official respondents resists the appeal making submission in justification of the impugned order and the findings recorded by the learned Single Judge. She contends that the requirement is that the notice should be accompanied by copies of the requisition & proposed resolution; the mode of service pales into insignificance if it is otherwise demonstrated that the Sarpanch received notice & accompaniments from different sources; the postal parcel weighed 20 grams and admittedly it reached hands of the appellant; notice would weigh four or five grams and therefore, it should be presumed that the remainder of the weight was of its accompaniments. So contending, she seeks dismissal of the appeal.