Orissa High Court
Khirod Kumar Pradhan vs State Of Odisha & Others .... Opposite ... on 21 August, 2025
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23322 of 2025
Khirod Kumar Pradhan .... Petitioner
Mr. S.K. Dalai, Advocate
-Versus-
State of Odisha & others .... Opposite Parties
Mr. P.K. Sahoo, ASC
Mr. A. Mishra, Advocate
For O.P. No.7
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
21.08.2025
Order No.
01. 1. Heard Mr. Dalai, learned counsel for the petitioner.
2. Instant writ petition is filed by the petitioner
challenging the impugned notice as at Annexure-1 issued in
connection with the vote of no confidence on the grounds stated
therein.
3. Mr. Dalai, learned counsel for the petitioner submits
that the copies of the resolution and requisition have not been
received by the petitioner along with the notice statutorily
mandated under Section 24 of the Orissa Grama Panchayats
Act, 1964 (hereinafter referred to as 'the Act'), hence, the
motion stands vitiated.
4. Considering the challenge to the impugned notice i.e.
Annexure-1, the Court, recording the submission of Mr. Dalai,
learned counsel for the petitioner, is inclined to issue notice to
the opposite parties for a reply and response.
5. Accordingly, it is ordered.
6. Notice. Mr. Sahoo, learned ASC for the State accepts
notice for opposite party Nos. 1 to 5. Notice to other opposite
parties except opposite party No.7 by registered post with AD
returnable at an early date and for the said purpose, the
requisites shall be filed by Mr. Dalai, learned counsel for the
petitioner within next three working days positively.
7. List this matter on 16th September, 2025 for final
hearing and orders.
(R.K. Pattanaik)
Judge
02. 1. Heard Mr. Dalai, learned counsel for the petitioner, Mr.
Mishra, learned counsel for the caveator, namely, opposite
party No.7 and Mr. Sahoo, learned ASC for the State.
2. In view of the non-compliance of Section 24(2)(c) of
the Act, the petitioner has challenged the motion with the
issuance of the impugned notice i.e. Annexure-1. Mr. Mishra,
learned counsel for opposite party No.7 submits that the motion
cannot be questioned on any such ground as has been pleaded
by the petitioner and while advancing such an argument, he
refers to a judgment of this Court in Jagyaseni Oram Vrs.
State of Odisha and others in W.P.(C) No.1312 of 2025 dated
28th February, 2025.
3. Recorded the submission of Mr. Sahoo, learned ASC
for the State as well.
4. In course of hearing, it is brought to the notice of the
Court that one of the Ward Members had approached the Apex
Court in SLP, wherein, the Court's order in W.P.(C) No.20526
of 2025 in connection with the disqualification proceeding has
been stayed by order dated 18th August, 2025, a copy of which
is produced by Mr. Dalai, learned counsel for the petitioner
today.
5. In view of the above submissions and facts pleaded on
record, though, the Court is not inclined to stay the motion,
however, as an interim measure, directs that the result of such
motion to be held on 22nd August, 2025 shall not be published
till the next date.
6. List on the date fixed for further orders.
7. Issue urgent certified copy of this order as per rules and
in course of the day.
(R.K. Pattanaik)
Judge
Balaram
Designation: Personal Assistant
