Gyana Ranjan Dash vs State Of Odisha .... Opposite Parties
2026 Latest Caselaw 703 Ori

Orissa High Court

Gyana Ranjan Dash vs State Of Odisha .... Opposite Parties on 29 January, 2026

Author: V. Narasingh

Bench: V. Narasingh

     IN THE HIGH COURT OF ORISSA AT CUTTACK

            W.P.(C) No. 2924 of 2026

Gyana Ranjan Dash        ....          Petitioner
                        Mr. S.K. Dalai, Advocate

                    -versus-

1.  State of Odisha     ....     Opposite Parties
    represented
    through the
    Principal Secretary
    to Government,
    Panchayati Raj
    Department,
    Odisha
    Secretariat, BBSR,
    Khurda
2. Collector, Cuttack.
3. District Panchayat
    Officer, Cuttack
4. Sub-Collector.
    Athagarh, Cuttack
5. Block
    Development
    officer, Athagarh,
    Cuttack
6. Tahasildar,
    Athagarh, Cuttack
7. Badani Muduli
8. Tulasi Dehury
9. Kartikeswar Jena
10. Anita Mohanty
11. Susanta Behera
12. Asanti Naik
13. Kalpana Bhadra
14. Surita Bhujabal



                                              Page 1 of 6
              15. Laxman Munda
             16. Gobinda Behera
             17. Jingi Munda
             18. Harekrushna
                 Parida
             19. Jitu Dehury
                                               Mr. S.K. Swain, AGA
                                     Mr. S.K. Baral, Adv. (O.P.No.7)
                            CORAM: JUSTICE V. NARASINGH
                                      ORDER

29.01.2026 Order No.

01. 1. Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.

2. The Petitioner, who is the Sarpanch of Kandarei Gram Panchayat in the District of Cuttack, assails the very initiation of the process for no confidence motion against him by virtue of notice vide Annexure-1.

3. In support of such submission learned counsel for the Petitioner refers to the endorsement in Annexure-1 that copies of the resolution and requisition were not given to him. Such endorsement, which is in vernacular, is extracted hereunder;

4. Referring to the provisions as contained in Section 24(2)(c) of the Odisha Gram Panchayat Act, 1964, it is submitted by Mr. Dalai, learned

counsel for the Petitioner that non-supply of the resolution and requisition are patently violative of the statutory mandate under Section 24(2)(c) of the Odisha Gram Panchayat Act, 1964. As such, consequential steps taken are tainted with illegality and therefore, the matter merits consideration of this Court.

5. Learned counsel, Mr. S.K. Baral has appeared by filing caveat petition on behalf of Opposite Party No.7, who is a ward member and one of the requisitionists. Copy of the writ petition has been served on him.

6. Referring to the recitals of the caveat petition along with Annexures, it is stated by learned counsel Mr. Baral that this Court is being mislead and in fact the copies of the proposed resolution along with the notice have been duly served and with ulterior motive the Petitioner has refused to receive the same so that he can somehow continue defeating the democratic will of the people. Hence, that ought not to weigh with this Court and writ petition should not be entertained.

7. Learned counsel for the State also supports such submission and states that ex-facie there is no illegality and the endorsement as being made in the

notice at Annexure-1 has only been done with a view to somehow maintain the writ petition before this Court.

Such submission is also reiterated in respect of the representation submitted by registered post to the Sub-Collector, Athagarh.

8. Considering the rival submissions, this Court is persuaded to hold that the matter merits consideration and accordingly, issue notice to the Opposite Parties.

9. Since learned counsel for the State accepts notice on behalf of the Opposite Party Nos.1 to 6, no further notice need be issued to the said Opposite Parties.

Notice to Opposite Party Nos.8 to 19 be issued by Speed Post. Requisites shall be filed by 04.02.2026.

10. List this matter on 23.02.2026.

11. It shall be open for the State as well as private Opposite Parties to file their counter /reply, if any, by 16.02.2026 after serving a copy thereof on the learned counsel for the Petitioner.

12. Learned counsel for the State is also requested to obtain the relevant records for perusal of this Court, if so required, on the appointed date.

13. Copy of this order be made over to the learned counsel for the State to enable him to take necessary follow up action.

(V. Narasingh) Judge

Order No.

02. Heard. Issue notice as above. Accept one set of process fee.

1. As an interim measure, it is directed that the no confidence motion scheduled for tomorrow (30.01.2026) relating to the Office of Sarpanch of Kandarei Gram Panchayat in the District of Cuttack may take place but the result thereof shall not be published, without the leave of this Court.

2. UCC in course of the day. List this matter on the date fixed.

(V. Narasingh) Judge Santoshi

Location: High Court of Orissa, Cuttack