Jagannath Biswal vs State Of Odisha
2026 Latest Caselaw 957 Ori

Orissa High Court

Jagannath Biswal vs State Of Odisha on 4 February, 2026

Author: V. Narasingh

Bench: V. Narasingh

     IN THE HIGH COURT OF ORISSA AT CUTTACK

             W.P.(C) No. 3381 of 2026

1. Jagannath Biswal    ....         Petitioners
2. Satyananda Mohanty
3. Saroj Kumar Pila
4. Deba Kumar Dey
                      Mr. S.K. Dalai, Advocate

                    -versus-

1.    State of Odisha,    ....   Opposite Parties
      represented
      through Secretary,
      Panchayati Raj &
      DW Department,
      At-Lokaseva
      Bhawan, P.O.-
      Bhubaneswar,
      Dist.-Khordha
2.    Collector, Balasore
3.    Additional District
      Magistrate
      (General),
      Balasore
4.    Chief Executive
      Officer, Zilla
      Parishad, Balasore
5.    Superintending
      Engineer/
      Executive
      Engineer (Rural
      Development
      Department),
      Balasore
6.    Additional Project
      Director
      (Technical), Zilla



                                             Page 1 of 5
                   Parishad, Balasore
             7.   Block
                  Development
                  Officer, Baliapal,
                  Block, At/P.O.-
                  Baliapal, Balasore
                                                 Mr. P.K. Ray, AGA
                           CORAM: JUSTICE V. NARASINGH
                                     ORDER

04.02.2026 Order No.

03. 1. Heard Mr. Dalai, learned counsel for the Petitioners and Mr. Ray, learned Additional Government Advocate for the State.

2. The Petitioners are the Sarpanch of Badas, Dagara, Deula and Srirampur Grama Panchayat under Baliapal Block of Balasore District.

3. The grievance in essence in the Writ Petition is that the notice to conduct Grama Sabha in terms of Annexure-5 is violative of the statutory stipulation as contained in the Odisha Grama Panchayat Rules, 2014 and the principle of effective consultation is being defeated by virtue of the notice at Annexure-6.

4. The notice at Annexure-5 is for smooth execution of Bikashita Gaon Bikashita Odisha (BGBO) 2025-26 under Panchayat Samiti, Baliapal.

5. Referring to the provisions contained in Rule 3(3) of the Odisha Grama Panchayat Rules, 2014 dealing with the meetings of Grama Sabha, it is

submitted by the learned counsel for the Petitioner that the very issuance of the said notice is ex-facie violative of the said Rules in as much as the said Rule stipulates atleast 15 days notice of a meeting of Grama Sabha.

For convenience of reference Rule 3(3) of the Odisha Grama Panchayat Rules, 2014 is extracted hereunder;

"3. Meetings of Grama Sabha-

        (1). xxx              xxx              xxx
         (2). xxx             xxx              xxx

(3) At least fifteen clear day's notice of a meeting of Grama Sabha shall be given,-

(a) Copy of the notice shall be served on every ward member;

(b) The Executive Officer shall circulate the notice in a Notice Book which shall be signed by each of the Ward Members and

(c) In case of absence of any Ward Member, the notice shall be served through the process of affixture in the presence of two witnesses.

xxx xxx xxx"

And, referring to the said Rule, it is submitted that though notice has been issued on 27.01.2026 the Grama Sabha was asked to submit the project list by 03.02.2026 which is a clear violation of 15 days stipulation to call for a meeting of the Grama Sabha.

So far as Annexure-6 is concerned, it is submitted that the same relates to Bikashita Gaon Bikashita Odisha (BGBO) Projects, 2025-26 and notice inviting suggestions of all concerned. The notice stipulates that the same is to be submitted by 03.02.2026 and in the process, the consultation as envisaged in terms of the scheme of BGBO is being set at naught.

6. Learned counsel for the State on the other hand submits with vehemence that reference to Rule 3(3) of the Odisha Grama Panchayat Rules, 2014 is misconceived, since the Rule 3(3) of the Odisha Grama Panchayat Rules, 2014 envisages a regular meeting and it is his further submission, on instruction, which is taken on record, that the notice in fact was issued on 17.01.2026 and not on 27.01.2026 at Annexure-5 as alleged. 6-A. And, so far as the Annexure-6 is concerned, it is submitted that there is no time stipulation relating to Annexure-6 and as such, there is irregularity in calling for interference of this Court.

7. Taking into account that people's representatives are before this Court and the matter relates to developmental work of Baliapal Panchayat Samiti, keeping in view the public interest without entering into the rival contentions, which will only delay the matter, this Court is of the considered view

that interest of justice would be subserved, if a fresh notice giving 15 days time is issued by the Sarpanch of Dagara, Deula, Srirampur Gram panchayat in respect of conducting the Grama Sabha for execution of the developmental works.

8. So far as Petitioner No.1 Badas Grama Panchayat is concerned, it is submitted by the learned counsel for the State on instructions that proposals have already been submitted in terms of the notice at Annexure-5. Hence, the direction for issuance of fresh notice for convening the Grama Sabha is confined to Grama Panchayat of Dagara, Deula and Srirampur Grama Panchayat.

9. Considering the nature of consultative process envisaged under the guidelines, the decision to submit the proposals in terms of Annexure-6 is also extended by a further period of two weeks hence. The order at Annexure-5 relating to Petitioner Nos.2, 3 and 4 is set aside and so far as Annexure-6 is concerned, steps as directed be taken.

10. The Writ Petition accordingly stands disposed of.

(V. Narasingh)

Santoshi

Location: High Court of Orissa, Cuttack Date: 06-Feb-2026 10:41:33