Orissa High Court
Jigrun Bibi & Others vs State Of Odisha & Others .... Opposite ... on 12 May, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C ) No.2717 of 2023
Jigrun Bibi & Others .... Petitioners
Mr. S.K. Dalai, Adv.
-versus-
State of Odisha & Others .... Opposite Parties
Mr. S.K. Jee, AGA
Mr. S.K. Baral, Adv.
(for O.P. No.5)
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
12.05.2025
Order No.
5. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical) Mode.
2. Heard learned counsel appearing for the parties.
3. The present Writ Petition has been filed inter alia
order dt.10.06.2022 so passed by Opp. Party No.3
communicated vide letter dt.24.06.2022 under Annexure-6.
Vide the said order, Opp. Party No.5 was allowed to act as
the Naib Sarapanch of Manik Grama Panchayat under
Krushna Prasad Block in the district of Puri.
4. It is the case of the Petitioner that in terms of the
provisions contained under the Orissa Grama Panchayat
Act, post of Naib Sarapanch is required to be filled up by
way of election from amongst the Ward Members of the G.P.
so elected in the last G.P. election.
4.1. It is contended that in the last Grama Panchayat
election and after due election of the Ward members, when
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steps were taken to elect the Naib Sarapanch, the present
Opp. party No.5 intentionally and deliberately did not take
part in the proceeding of the Grama Panchayat. It is
contended that since Opp. party No.5 intentionally and
deliberately did not participate in the proceeding to elect
the Naib Sarpanch, O.P. No.5 should not have been allowed
to continue as Naib Sarpanch vide the impugned order
issued by Opp. Party No.3 under Annexure-6.
4.2. It is contended that election of Naib Sarapanch is
provided under Section 14 of the Orissa Grama Panchayat
Act, 1964 (In short Act). On the face of such provisions
contained under the Act and to frustrate the said provision,
Opp. Party No.5 did not participate in the proceeding for
election of the Naib Sarpanch of the Grama Panchayat. It
is contended that since Opp. Party No.5 intentionally and
deliberately frustrated the provisions contained under
Section 14(1) of the Act, such a person should not have
been allowed to act as Naib Sarapanch. It is also
contended that the issue involved in the present case is
squarely covered by a judgment passed by this Court on
03.01.2024 in W.P.(C ) No.15170 of 2022 and batch. View
expressed by this Court in para 12 of the said judgment
reads as follows:
12. In the circumstance and for the reasoning herein
above, this Court interfering with the aforesaid
impugned orders at Annexure-6,4 & 3 in W.P.(C )
Nos.15170 of 2022, W.P.(C ) No.16825 of 2022 and
W.P.(C ) No.16833 of 2022 respectively sets aside the
same and directs the Election Officer concerned to
recommence the meeting from the stage of presence of
the Ward Members on 11.03.2022 in the so called first
meeting of each of the above Gram Panchayat and to
proceed in the matter of election of Nail Sarapanch of
the Grama Panchayat involved herein from the stage it
was left in the first meeting of the Panchayat and to
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recommence the proceeding strictly in terms of Rule-
76(1) (c ) of the Rules, dependent on the proceeding
outcome to bring out a Notification indicating the
election of particular Members as Naib Sarapanch, as
required under Section 15 of the Act. The entire work
should be completed within a period of fifteen days
from the date of this judgment.
4.3. It is accordingly contended that in view of the
provisions contained under Section 14(1) of the Act and the
finding of this Court in para 12 of the judgment, Opp. Party
No.3 is required to take step for election of the Naib
Sarpanch of the Grama Panchayat and order passed by
Opp. party No.3 on 10.06.2022 so communicated on
24.06.2022 be set aside.
5. Learned counsel appearing on behalf of Opp. party
No.5 on the other hand contended that in terms of the
order dt.10.06.2022, Opp. party No.5 is discharging his
duty of Naib Sarapanch of the Grama Panchayat as on
date.
6. Learned Addl. Standing Counsel on the other hand
contended that if election of Naib Sarapanch in terms of the
provisions contained under Section 14(1) of the Act could
not take place due to absence of required quorum and O.P.
No.5 is also an absentee, let Opp. party No.4 be directed to
take step for election of the Naib Sarapanch in terms of the
provisions contained under Section 14(1) of the Act.
7. Having heard learned counsel appearing for the
parties and considering the submission made, this Court
while disposing the Writ Petition directs Opp. party No.4 to
take effective steps for election of the Naib Sarapanch of the
Grama Panchayat in terms of the provisions contained
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under Section 14(1) of the Act. Opp. Party No.4 is also
directed to follow the decision of this Court so rendered in
W.P.(C ) No.15170 of 2022 and batch. This Court directs
Opp. party No.4 to complete the entire exercise within a
period of six (6) weeks from the date of receipt of this order.
Learned Addl. Govt. Advocate is directed to communicate a
copy of this order to Opp. party No.4 for compliance.
7.1. However till completion of the exercise arrangement
made in terms of order at Annexure-6 shall continue.
7.2. With the aforesaid observation and direction, the Writ
Petition stands disposed of.
(Biraja Prasanna Satapathy)
sangita Judge
Reason: authentication of order
Location: high court of orissa, cuttack
Date: 24-May-2025 13:13:17
