Motiram Sahu vs State Of Odisha And Others .... Opposite ...
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Orissa High Court

Motiram Sahu vs State Of Odisha And Others .... Opposite ... on 13 May, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                           W.P. (C) No.13154 of 2025

       Motiram Sahu                                   ....         Petitioner
                                             Mr.Milan Kanungo, Sr.Advocate
                                      -versus-
       State of Odisha and others                     .... Opposite Parties

                                             Mr.A.Tripathy, AGA
                                        Mr.P.K.Rath, Sr. Advocate
                                                  (for intervenor)
                               CORAM:
      THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                               ORDER

Order No.                     13.05.2025
02.      1.    This    matter   is   taken   up   through   Hybrid    Arrangement
         (Virtual/Physical) Mode.

2. Heard Mr.Milan Kanungo, learned Senior Counsel appearing for the Petitioner, Mr.P.K.Rath, learned Senior Counsel for the intervenor/petitioner and Mr.A.Tripathy, learned Addl. Government Advocate.

3. The present Writ Petition has been filed, inter alia, challenging the notice dated 03.05.2025 so issued by opposite party No.3 under Annexure-1 series wherein the vote of 'No Confidence' against the Petitioner who happens to be the Chairman of Bijepur Panchayat Samiti has been fixed to 20.05.2025.

4. It is the main contention of learned Senior Counsel appearing for the Petitioner that basing on the requisition and resolution submitted by the Members of the Panchayat Samiti, notice was issued by the self-same Sub-Collector on 31.01.2025 under Annexure-4 by fixing the vote of No Confidence to 18.02.2025. But prior to holding of the vote of no confidence, another letter was issued by opposite party No.3 on

15.02.2025 under Annexure-5 and the vote of 'No Confidence' fixed to 18.02.2025 was deferred.

4.1 Placing reliance of the provision contained under Section 46-B (2)

(f) of the Odisha Panchayat Samiti Act, 1959 (in short 'the Act'), learned Senior Counsel for the Petitioner vehemently contended that once the notice basing on the requisition and resolution submitted by the Samiti Members was issued by opposite party No.3 by fixing the date of 'No Confidence' to 18.02.2025 and the same since was adjourned vide letter dated 15.02.2025 under Annexure-5, in view of the provision contained under Section 46-B (2) (f) of Act, no fresh notice can be issued by fixing another date to take up the vote of 'No Confidence' as has been done under Annexure-1 series vide notice dated 03.05.2025. Section 46-B (2)

(f) of 'the Act' reads as follows:

"no such meeting shall stand adjourned to a subsequent date and no item of business other than the resolution for recording want of confidence in the Chairman or the Vice- Chairman shall be taken up for consideration at the meeting."

4.2. It is also contended that challenging the action of opposite party No.1 in issuing the notice on 31.01.2025 fixing the vote of 'No Confidence' to 18.02.2025 and deferring the same vide notice dated 15.02.2025, petitioner had earlier approached this Court with the prayer that no further vote of 'No Confidence' can be moved against the petitioner for a period of 1 (one year).

4.3. It is contended that this Court vide order dated 08.04.2025 under Annexure-6 passed the following order:

"1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard Mr. M. Kanungo, learned Senior Counsel along with Mr. A. Mishra, learned counsel appearing for the Petitioner, Mr. A.K. Sahoo, learned counsel appearing for Caveator and

Mr. A. Tripathy, learned Addl. Govt. Advocate for the State.

3. Petitioner has filed the present Writ Petition inter alia with the following prayer:-

"In the light of above facts and circumstances of the case, the petitioner humbly prays that this Hon'ble Court may be graciously pleased to set aside the letters under Annexure-1 and Annexure-5 and further direct that the meeting of no confidence fixed for 18.02.2025 cannot be held further till one year as it has been adjourned by the Opp. Party."

4. It is contended that basing on the Resolution and Requisition signed by the members of Bijepur Panchayat Samiti, when was moved before the Sub-Collector-O.P. No.3 on 27.12.2024, a notice was initially issued on 31.01.2025 under Annexure-5, fixing the vote of no confidence to 18.02.2025. 4.1. It is contended that taking into account the fact that the assembly session was to commence from 13.02.2025 vide another notice issued on 15.02.2025 under Annexure-1, the vote of no confidence fixed to 18.02.2025 was adjourned and with a condition that the same shall be held after completion of the assembly session.

4.2. It is contended that such action of the Opp. Parties to held the meeting after postponing the same vide order dated 15.02.2023 under Annexure-1 is not permissible as the same is contrary to the provisions contained under Section 46-B(2) (f) of the Odisha Panchayat Samiti Act and no such fresh notice can be issued, in view of such provision contained under the Act.

5. Learned Addl. Govt. Advocate as well as learned counsel appearing for the Caveator on the other hand contended that since no fresh notice has been issued as yet in terms of Annexure-1, petitioner has got no cause of action to file the present Writ Petition and the stand taken in the Writ Petition is completely premature.

6. Having heard learned counsel for the parties and considering the submissions made, this Court finds that basing on the resolution and requisition submitted on 27.12.2024 vide letter dated 31.01.2025 under Annexure-5, vote of no confidence was fixed to 18.02.2025. But subsequently vide order dated 15.02.2025 under Annexure-1, it has been decided to hold the vote of no confidence after completion of the Assembly Session.

6.1. It is not disputed that no fresh notice has yet been issued fixing another date. In view of such position, this Court is not

inclined to entertain the Writ Petition with the prayer as made. It is open for the petitioner to raise all such points as available under law if any fresh notice will be issued.

7. With the aforesaid liberty, the Writ Petition stands disposed of."

4.4. It is accordingly contended that the action of opposite party No.3 in issuing the impugned notice dated 03.05.2025 in view of the provision contained under Section-46-B (2) (f) of the Act is not sustainable in the eye of law.

5. Mr.Rath, learned Senior Counsel for the intervenor/petitioner and Mr.Tripathy, learned Addl. Government Advocate, on the other hand, placing reliance on the recent judgment delivered by this Court on 06.05.2025 in W.P. (C) No.10553 of 2025; Bijay Sukla and others v. State of Odisha and others contended that since in terms of earlier notice issued on 31.01.2025 and prior to taking of vote of No confidence on 18.02.2025, the matter was deferred vide notice dated 15.02.2025 under Annexure-5, it cannot attract the provision contained under Section 46-B (2) (f) of 'the Act'. Accordingly, it is contended that there is no bar to issue fresh notice on 03.05.2025 under Annexure-1 series which is impugned in the present Writ Petition.

5.1. This Court in Paragraph-8.3 of the judgment dated 06.05.2025 held as follows:

"8.3. Taking into account the provisions contained under Sec.46-B(2)(f) of the Act and placing reliance on the decisions as cited (supra), it is the view of this Court that since in terms of notice dtd.28.03.2025, no meeting was held on 05.04.2025, it cannot be held that the meeting was adjourned on the date fixed and thereby attracting the provisions contained under Sec.46- B(2)(f) of the Act. Since no meeting in terms of the notice dtd.28.03.2025 was held on 05.04.2025, it cannot be held that the meeting was adjourned on the said date."

5.2. It is accordingly contended that there is no illegality on the part of

opposite party No.3 in issuing the notice dated 03.05.2025 under Annexure-1 series.

6. Having heard learned counsel for the respective parties and considering the submissions made and placing reliance of the judgment passed in W.P. (C) No.10553 of 2025; Bijay Sukla and others v. State of Odisha and others, it is the view of this Court that Section 46-B (2) (f) of the Act is not applicable to the facts of the present case and there is no bar on the part of opposite party No.3 to issue the fresh notice under Annexure-1 series on dated 03.05.2025, fixing the vote of 'No Confidence' to 20.05.2025.

7. Accordingly, this Court is not inclined to interfere with the notice issued under Annexure-1 series dated 03.05.2025, and as such, the Writ Petition stands dismissed.

(BIRAJA PRASANNA SATAPATHY) JUDGE Bichi

Signed by: BICHITRANANDA SAHOO