Orissa High Court
Sasi Rekha Pati vs State Of Odisha & Others .... Opposite ... on 15 September, 2025
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.30564 of 2024
Sasi Rekha Pati .... Petitioner
Ms. Bini Mishra, Advocate
-Versus-
State of Odisha & others .... Opposite Parties
Mr. S.K. Swain, AGA
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
15.09.2025
Order No.
05. 1. Heard Ms, Mishra, learned counsel for the petitioner
and Mr. Swain, learned AGA for the State.
2. No notice has been issued to opposite party No.6 and
the same is also dispensed with.
3. Instant writ petition is filed by the petitioner assailing
the impugned notification dated 2nd July, 2022 as at Annexure-3
issued by opposite party No.4 nominating opposite party No.6
as the Naib Sarpanch without following due procedure
established by law and in contravention of the provisions of the
Odisha Grama Panchayats Act, 1964 and the Rules framed
thereunder and on such other grounds stated.
4. Ms. Mishra, learned counsel for the petitioner submits
that such a course of action as has been followed with the
notification issued vide Annexure-3 is not permissible in view
of the Court's judgment in Manjulata Panda & others Vrs.
State of Odisha & others and batch of cases disposed of by a
common judgment dated 3rd November, 2022 at Annexure-4.
The submission of Ms. Mishra, learned counsel is that the case
of the petitioner is squarely covered by the decision in W.P.(C)
No.16833 of 2022, hence, therefore, the impugned notification
i.e. Annexure-3 is liable to be quashed with a direction for fresh
election to be held in respect of Napanga G.P. under
Bhandaripokhari Panchayat Samiti. It is the further submission
that against such illegal nomination of opposite party No.6, the
petitioner approached opposite party No.3 with a representation
as at Annexure-5 series but it has not yielded any result. With
the facts pleaded on record and submission as above, Ms.
Mishra, learned counsel finally submits that the impugned
notification at Annexure-3 is liable to be quashed followed by
consequential directions issued.
5. Mr. Swain, learned AGA for the state requests for an
adjournment as he has not received instructions, which the
Court is not inclined to allow and on merits, justifies the
decision of opposite party No.4, namely, the Sub-Collector-
cum-Sub-Divisional Magistrate, Bhadrak vide Annexure-3 and
with regard to the nomination of opposite party No.6.
6. Perused the decision of the concerned G.P as at
Annexure-1 and it was followed by a second meeting convened
on 2nd April, 2022 with the copy of the minutes of the
proceeding at Annexure-2. Under the circumstances, as it is
made to appear, opposite party No.4 issued the notification at
Annexure-3 in respect of Napanga G.P. The contention of Ms.
Mishra, learned counsel for the petitioner is that such a decision
by a notification dated 2nd July, 2022 is impermissible in view
of the judgment of this Court as at Annexure-4 in W.P.(C)
No.16833 of 2022. Against the notification, as earlier stated,
the petitioner knocked the doors of opposite party No.3 with a
representation as at Annexure-5 series. Having regard to the
above facts and submissions of learned counsel for the
respective parties and since no such notification in respect of
the G.P. in question could have been permitted by a notification
i.e. Annexure-3 in view of the decision in Sradhanjali Padhi
Vrs. State of Odisha & others in W.P.(C) No.16833 of 2022
disposed of vide Annexure-4 along with batch of matters, the
Court reaches at a conclusion that the same is liable to be set at
naught with a direction to opposite party No.3 to act upon in
terms thereof without further delay.
7. Accordingly, it is ordered.
8. In the result, the writ petition stands allowed. As a
necessary corollary, the impugned decision by a notification
dated 2nd July, 2022 at Annexure-3 of opposite party No.4 is
hereby set aside with a direction to opposite party No.4 to
commence the exercise on similar lines and in accordance with
law in the light of the decision in Sradhanjali Padhi (supra)
accomplishing it as soon as possible within a period of fortnight
from the date of receipt of a copy of this order.
9. Issue urgent certified copy of this order as per rules
and in course of the day.
(R.K. Pattanaik)
Judge
Balaram
Designation: Personal Assistant
Reason: Authentication
Location: OHC, CUTTACK
Date: 15-Sep-2025 18:10:54
