Page 1 of 16

W.P.(C). No.34984 of 2025

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No.34984 of 2025

In the matter of an application under Article 226 & 227 of

the Constitution of India.

------------------

Minatirani Madhei …. Petitioner

-versus-

1. State of Odisha

represented through its

Secretary, Panchayati Raj

and Drinking Water

Department, Govt. of

Odisha, Loka Seba

Bhawan, Sachivalaya

Marg, Bhubaneswar,

Dist.-Khurda

2. Collector-cum-District

Magistrate, Mayurbhanj

3. Sub-Collector-cum-SDM,

Kaptipada, Udala

4. District Panchayat Officer,

Mayurbhanj

5. The Block Development

Officer, Kaptipada,

Mayurbhanj

6. Somanath Singh

7. Sukanti Murmu

…. Opposite Parties

For Petitioner : Mr. S.K. Mishra, Sr. Advocate

For Opposite Parties : Mr. P.K. Ray, AGA

Mr. L. Samantaray, Sr. Adv.

(for O.P. Nos.6 &7)

Page 2 of 16

W.P.(C). No.34984 of 2025

CORAM:

JUSTICE V. NARASINGH

DATE OF FINAL HEARING : 07.05.2026

DATE OF JUDGMENT : 13.05.2026

V. Narasingh, J. Heard learned Senior Counsel for

the Petitioner, learned counsel for the State and

learned Senior Counsel for the Opposite Party Nos.6

and 7.

1. The present writ petition has been filed

assailing Notice No.5577 dated 24.11.2025 issued

by the Sub-Collector-cum-SDM, Kaptipada, Udala

(Opposite Party No.3), fixing the meeting of ‘No

Confidence Motion’ against the Petitioner-Sarpanch

of Jadida Grama Panchayat on 11.12.2025 at 11

A.M. at Jadida Grama Panchayat Office.

2. It is alleged that such motion is against the

mandate of Section 24

1

of the Orissa Grama

1

24. Vote of No Confidence against Sarpanch or Naib-Sarpanch- (1)

Where, at a meeting of the Grama Panchayat specially convened by the

Sub-Divisional Officer in that behalf, a resolution is passed, supported by

a majority of not less than two-thirds of the total membership o f the

Grama Panchayat, regarding want of confidence in the Sarpanch or

Naib-Sarpanch, the resolution shall forthwith be forwarded by the Sub-

Divisional Officer to the Collector, who shall immediately, on receipt of

the resolution, publish the same on his notice board; and wit h effect

from the date of such publication, the member holding the office of

Sarpanch or Naib-Sarpanch, as the case may be, shall be deemed to

have vacated such office.

(2) In convening a meeting under Sub-section (1) and in the cond uct of

business at such meeting, the procedure shall be in accordance wit h

such rules as may be prescribed, subject, however, to the following

provisions, namely:—

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W.P.(C). No.34984 of 2025

(a) no such meeting shall be convened except on a requisition signed

by at least one-third of the total membership of the Grama Panchayat

along with a copy of the resolution proposed to be moved at the

meeting;

(b) the requisition shall be addressed to the Sub-Divisional Officer;

(c) the Sub-Divisional Officer, on receipt of such requisition, shall fix

the date, hour and place of such meeting and give notice of the sam e

to all the members holding office on the date of such notice, alo ng

with a copy of the requisition and of the proposed resolution, at least

fifteen clear days before the date so fixed;

(d) the aforesaid notice shall be sent by post under certificate of

posting and a copy thereof shall be published at least seven days prior

to the date fixed for the meeting on the notice board of the Samiti;

(e) the proceedings of the meeting shall not be invalidated merely on

the ground that the notice has not been received by any member;

(f) the Sub-Divisional Officer, or if he is unable to attend, any Gazetted

Officer specially authorised by him in that behalf, shall preside over,

conduct and regulate the proceedings of the meeting;

(g) the voting at all such meetings shall be by secret ballot;

(h) 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 Sarpanch or Naib-Sarpanch, as the case may be,

shall be taken up for consideration at the meeting;

(i) if the number of members present at the meeting is less than two-

thirds of the total membership of the Grama Panchayat, the resolution

shall stand annulled;

(j) if the resolution is passed at the meeting, supported by the

majority as specified in Sub-section (1), the Presiding Officer shall

immediately forward the same in original, along with the record of the

proceedings, to the Collector, who shall forthwith publish the

resolution in accordance with the provisions of Sub-section (1); and

(k) where any Gazetted Officer presides at the meeting, he shall,

without prejudice to the provisions of clause (j), also send a copy of

the resolution to the Sub-Divisional Officer for information and such

action as may be necessary.

(3) When a meeting has been held in pursuance of Sub-section (2) fo r

recording want of confidence in the Sarpanch or Naib-Sarpanch, as the

case may be, no fresh requisition for a meeting shall be maintainable—

(a) in cases falling under clauses (i) and (j) of the said sub-section, or

where the resolution is defeated after being considered at the meeting

so held, before the expiry of one year from the date of such meeting;

or

(b) where the notification calling for general election to the Grama

Panchayat has already been published under or in pursuance of

Section 12.

(4) Without prejudice to the provisions of Sub-section (3), no requisition

under Sub-section (2) shall be maintainable in the case of a Sarpanch or

Naib-Sarpanch, as the case may be, before the expiry of two years from

the date on which such Sarpanch or Naib-Sarpanch enters office:

Provided that all requisitions received under Sub-section (2) prior to

the date of commencement of the Orissa Grama Panchayats (Second

Amendment) Act, 1993, in which no meeting for recording want of

confidence has been held by the said date, shall stand abated.

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W.P.(C). No.34984 of 2025

Panchayats Act, 1964, which deals with ‘Vote of no

confidence against Sarpanch or Naib-Sarpanch’.

3. It is the submission of the learned Senior

Counsel for the Petitioner, Mr. Mishra, that the

Petitioner was discharging her duty as Sarpanch,

having been elected as such in the year 2022. The

impugned notice for convening the meeting to

consider the ‘No Confidence Motion’ against her was

issued in purported exercise of power under Section

24(2)(c)

1

of the Orissa Grama Panchayats Act,

1964.

Referring to the recitals in the writ petition, it

is contended that the challenge is primarily on the

ground that the resolution that has been enclosed

with the notice of no confidence cannot be

construed as a proposed resolution in terms of

Section 24(2)(c)

1

of the Orissa Grama Panchayats

Act, 1964, rather, the said resolution is in the

nature of a resolution to send a requisition to the

Sub-Collector for bringing the ‘No Confidence

Motion’.

3-A. As such, the draft “proposed resolution” has

not been enclosed with the notice of ‘No Confidence

Motion’, whereby the provisions of Section 24(2)(c)

1

of the Orissa Grama Panchayats Act, 1964 have

Page 5 of 16

W.P.(C). No.34984 of 2025

been violated ex facie, therefore, the notice for

convening the meeting has to be quashed.

To substantiate his submissions, learned

counsel for the Petitioner places reliance on the Full

Bench judgment of this Court in the case of

Nabanita Kapat Patra v. Collector,

Kandhamal

2

, whereby this Court has stated the

procedure for issuance of notice of ‘No Confidence

Motion’.

4. Such submission is opposed by the learned

counsel for the State-Opposite Party Nos.3 and 5

by filing counter affidavit.

5. Two ward members, who are the

requisitionists, sought to implead themselves in the

present lis and, by order dated 18.12.2025 in I.A.

No.22034 of 2025, they were allowed to be arrayed

as Opposite Party Nos.6 and 7, and a consolidated

cause title has been submitted to the said effect.

6. No rejoinder affidavit has been submitted in

response to the counter affidavit filed by

Opposite Party Nos.3 and 5.

7. To fortify his submission, learned Senior

Counsel for the Petitioner, Mr. Mishra states that,

apart from the judgment in the writ appeal referred

to hereinabove, he also relies upon the judgment of

2

Nabanita Kapat Patra v. Collector, 2025 SCC OnLine Ori 4218

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W.P.(C). No.34984 of 2025

this Court in the case of Smt. Kamala Tiria v.

State of Orissa

3

.

8. The rival contentions as aforesaid hinges on

the interpretation of the impugned notice at

Annexure-1.

For convenience of reference the said

Annexure is culled out hereunder;

“OFFICE OF THE SUB-COLLECTOR, KAPTIPADA, UDALA

NOTICE

No. 5547 Date: 24.XI.25

It is hereby notified for information of all

the members (Ward members & Sarpanch) of Jadida

GP under Kaptipada Block that as per requisition &

resolution copies (enclosed) signed by the Ward

members, one meeting on “No Confidence Motion

against Smt. Minati Rani Madhei, the Sarpanch of

Jadida GP” will be convened on Date 11.12.25 at

11.00 AM at Jadida G.P. Office as per Sub-section 2(c)

of Section 24 of the Odisha Gram Panchayats Act,

1964.

In convening a meeting under Sub-Section

(1) & in the conduct of business at such meeting, the

procedure shall be in accordance with such rules, as

may be prescribed, subject however to the following

provisions namely.

i. Where in the meeting, the resolution is passed,

supported by a majority of not less than two-

thirds of the total membership of the Gram

Panchayat regarding want of confidence of

Sarpanch;

ii. The proceeding of the meeting shall not be

invalidated merely on the ground that notice has

not been received by any member;

iii. The Sub-Collector & SDM or if he is unable to

attend, any Gazetted officer specially authorized

by him in that behalf shall preside over, conduct &

regulate the proceeding of the meeting;

3

Kamala Tiria v. State of Orissa, AIR 2001 ORI 67

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W.P.(C). No.34984 of 2025

iv. The voting of all such meeting shall be by

secret ballot;

v. No such meeting shall stand adjourned to a

subsequent date & no items of business other than

the resolution for recording want of confidence in

the Naib-Sarpanch, as the case may be, shall be

taken up for consideration at the meeting;

vi. If the number of members present at the

meeting is less than two-thirds of the total

membership of the Gram Panchayat, the

resolution shall stand annulled.

Sd/-

Sub-Collector & SDM,

Kaptipada, Udala

Memo No: 5578 Date: 24.XI.25

Copy forwarded to the B.D.O., Kaptipada

for information. He is requested to serve the aforesaid

notice to the Sarpanch & all ward members of Jadida

G.P. and return the served copy of notice before the

meeting. He is also requested to publish a copy of the

said notice at least 7 days prior to the date of meeting

in the notice board of the Panchayat Samiti & G.P.

Office. Further, the GPDO, Kaptipada and the PEO,

Jadida G.P. are directed to remain present in the same

meeting without fail.

Sd/-

Sub-Collector &

SDM,

Kaptipada, Udala

Memo No: 5579 Date: 24.XI.25

Copy forwarded to the District Panchayat Officer,

Mayurbhanj for information & necessary action.

Sd/-

Sub-Collector &

SDM,

Kaptipada, Udala

Memo No: 5580 Date: 24.XI.25

Copy submitted to the Collector & District

Magistrate, Mayurbhanj for favour of kind information.

Sd/-

Sub-Collector &

SDM,

Kaptipada, Udala

Page 8 of 16

W.P.(C). No.34984 of 2025

9. On a bare perusal of the same, it can be seen

that it is mentioned therein that copies of the

requisition as well as the resolution are enclosed

with the said notice signed by the ward members.

A specific stand has been taken by the State-

Opposite Party Nos.3 and 5 in paragraph-7 of the

counter affidavit regarding the requisition and

proposed resolution having been signed by ten (10)

ward members, which is more than 1/3rd of the

total sixteen (16) members.

In the said paragraph, it is also stated that

the impugned notice, which is also annexed as

Annexure-B/5 to the counter affidavit, was received

by the Petitioner on 26.11.2025.

For convenience of reference, the said

paragraph-7 is extracted hereunder;

“7. That in response to averments made in

Para-6 of the writ petition, the deponent humbly

submits that the requisition and proposed

resolution was signed by 10 (ten) nos. of Ward

Members of Jadida, which is more than one

third of the total 16 (Sixteen) no of membership

of the Jadida GP including 15 (Fifteen) Ward

Members and 1 (One) Sarpanch actually holding

office on 28.10.2025 Further, the requisition

signed by the 10(ten) nos of Ward Member of

Jadida GP was duly addressed to the Sub -

Collector, Kaptipda, Udala as per the provision

mentioned under Section 24(2)(b) of the Orissa

Grama Panchayats Act, 1964.

Page 9 of 16

W.P.(C). No.34984 of 2025

The Sub-Collector, Kaptipda, Udala upon

verification of the signatures of the 10(ten) nos

of Ward Member of Jadida GP fixed the meeting

for the No Confidence Motion against Smt.

Minatirani Madhei, Sarpanch, Jad ida GP on

11.12.2025 at 11.00 AM at Jadida GP office and

accordingly issued notice along with the

requisition and resolution to all members who

were then holding office of Jadida GP vide letter

no.5577 dated 24.11.2025. The deponent

respectfully submits that the impugned notice is

within the statutory confines of Sec 24(2)(c) of

the Act as there was 15(Fifteen) clear days

between the issuance of notice on 24.11.2025

and the scheduled meeting on 11.12.2025.

Further, the impugned notice had been duly

served on the Petitioner as well as all the ward

members of the Jadida GP by the Panchayat

Executive Officer (PEO), Jadida G.P and the

same was also published on the notice board of

Jadida GP as well as on the notice board of

Kaptipada Panchayat Samiti on 24.11.2 025 as

per the provision mentioned under Section 24

(2) (d) of the Orissa Grama Panchayats Act ,

1964. It is pertinent to note that the impugned

notice was also received by the petitioner on

26.11.2025, which is evident from the fact that

the petitioner has put her signature on the

receiving letter dtd.24.11.2025. Copy of the

letter No.5577 dtd.24.11.2025 is annexed

herewith and marked as Annexure-B/5.”

10. At the cost of repetition, it is apposite to

state here that no rejoinder has been filed by the

Page 10 of 16

W.P.(C). No.34984 of 2025

Petitioner controverting the assertions made in the

said paragraph.

11. The contention of the learned Senior Counsel

for the Petitioner is that the resolution relied upon

by Opposite Party Nos.6 and 7, the requisitionists,

cannot be said to be a proposed resolution in terms

of the provisions contained in Section 24(2)(c)

1

of

the Orissa Grama Panchayats Act, 1964 and, in this

context, he heavily relies on the judgment of this

Court in the case of Smt. Kamala Tiria(supra)

3

.

11-A. The decision relied on by the learned

counsel for the Petitioner in Smt. Kamala Tiria

(supra)

3

is clearly distinguishable on facts. The

said case related to the consideration of the legality

of the No Confidence Motion moved against the

president of Mayurbhanj Zilla Parishad. It is apt to

note that the provisions of the Orissa Zilla Parishad

Act, 1991

4

is pari materia with the provisions

dealing with the Orissa Grama Panchayats Act,

1964 relating to the No Confidence Motion.

For convenience of reference, the relevant

extract of the finding of the Court in the said case is

extracted hereunder;

“xxx xxx xxx

6…….Now coming to Annexure-3 it is the

submission of the learned counsel appearing

4

The Orissa Zilla Parishad Act, 1991 (Orissa Act 17 of 1991)

Page 11 of 16

W.P.(C). No.34984 of 2025

for the contesting parties that it is a

consolidated document comprising the

requisition to the Revenue Divisional

Commissioner requesting him to convene a

special meeting as well as the resolution

proposed to be moved in the said special

meeting. Learned counsel had taken that stand

because admittedly no other document

evidencing a proposed resolution to be moved

in the specially convened meeting was

enclosed to the so-called requisition. We have

carefully perused Annexure-3 extracted above.

On its reading it appears that a meeting was

held on 5-11-1999 in which there was

discussion that the petitioner should no more

continue as the President of Zilla Parishad

because of her arbitrary actions, etc. and

accordingly it was decided in the meeting to

move the Revenue Divisional Commissioner for

convening a special meeting as required under

Section 39(1) of the Act. There is nothing in

Annexure-3 to assume that it also contained

the proposed resolution to be moved in the

meeting to be specially convened by the

Revenue Divisional Commissioner. This being

the factual position, there is no compliance of

sub-Clause (a) of sub-Section (2) of Section 39

of the Act. In the facts and circumstances, it is

not possible to hold that there was substantial

compliance of the provision…..

xxx xxx xxx ”

(Emphasized)

12. To put the matter in perspective, Resolution

No.11, which is the bone of contention qua its

conformity with the resolution as mentioned in

Page 12 of 16

W.P.(C). No.34984 of 2025

Section 24(2)(c)

1

of the Orissa Grama Panchayats

Act, 1964, is extracted hereunder for convenience

of reference and interpretation;

“ଅ�ୟ ତା- 19/10/2025 ରିଖ ନି�ନ �ସ� ମମାମତ �ୀମତୀ

ବନମ ାତା ରଣା� ସଭା ପତିତୟମର ଏକ ମବୈଠକ ଅନୁ�ିିତ

ମ ାଇଅଛି | �ସ�ମର ��ଶା ଯାଇଥିବା ବିଷୟବ�ୁମାନ

ଆମ ାଚନା କରାଯାଇ ��ାବ ମାନ ଗୃ ୀତ କରାଗ ା |

xxx xxx xxx

�ସ� -୧୧- ଉପର ୋ� ୧୦ ର ୋଟି �ସ� କୁ ଆର ୋଚନୋ

ପ�୍ୟୋର ୋଚନୋ କ ୋ�ୋଇ ସ ପ� � ଉରେ�ୟ

ଜଣୋପଡ଼ିଥି ୋ ନି�୍ୋଚିତ ୱୋ�୍ ସ�ୟୋ/ ସ�ୟ ମୋନ�ୁ �କୁଆ

ଜଣୋଇ ନିଜ �ୋଥ୍ ସୋଧନ କ ୁ ଥି� ଏଣୁ ସମ� ୱୋ�୍ ସ�ୟ/

ସ�ୟୋ ତୋ �ତି ଅ –ସରତୋଷ �କୋ� କ ି ସ ପ� �ୁ

�ହି�ୋ / ଅର�ୋ ୟ ର ୋଷଣୋ କ ି�ୋ ପୋଇ ଁ ଉପ-ଜି�ୋପୋଳ

�ୁ େୋ�ି କ ୋ ୋ ଏହୋକୁ ସ�୍ ସ�ତି �ରମ ��ୋ� ୃହୀତ

କ ୋ ୋ ଏ�ଂ ତୁ ତ କୋ�୍ୟୋନୁ�ଠୋନ �ହଣ କ ି�ୋ ପୋଇ ଁ

ଆଜିକୋ ର�ୈଠକ ର ନି�ତି ନିଆ ୋ।

xxx xxx xxx “

13. It is apt to note that the said resolution under

Agenda Item No.11 was stated in the light of the

irregularities which have been outlined in Agenda

Items Nos.1 to 10. Hence, Agenda Item No.11 has

to be construed in the light of the preceding

Agendas along with the opening paragraph of the

said resolution.

Page 13 of 16

W.P.(C). No.34984 of 2025

13-A. At this juncture, respectful reference can

be made to the Full Bench judgment of this Court in

the case of Nabanita Kapat Patra(supra)

2

,

wherein this Court has clearly laid down the

procedural requirements to be followed before

issuance of notice of a no-confidence motion. The

same are extracted hereunder;

“xxx xxx xxx

4.4. As to whether Section 24(2)(c) of the Act

is mandatory:…… (iv) As already mentioned,

Sub-Section (2)(c) is clear & emphatic in

prescribing the procedure for issuance of

notice of No Confidence Motion. The structure

is: Firstly, Notice should be a minimum of

seven (7) days. Secondly, it should contain

date, time & place of meeting. Thirdly, it

should be accompanied by a copy of

requisition. Fourthly, it should also be

accompanied by a copy of 'resolution

proposed’. This provision employing the

expression 'such notice along with a copy of

the requisition and of the proposed resolution'

has been continuing on the Statute Book since

more than six decades…….

xxx xxx xxx”

(Emphasized)

14. Whether a particular resolution conforms to

the proposed resolution as stated in Section

24(2)(a)

1

of the Orissa Grama Panchayats Act,

1964 had also engaged the attention of this Court.

And, it is the settled position of law that no

Page 14 of 16

W.P.(C). No.34984 of 2025

particular form/format has been prescribed for a

proposed resolution. The intention of the

requisitionists has to be gathered on a reading of

the resolution.

15. The purport of the proposed resolution is to

ensure “that the elected Sarpanch and ward

members are fully informed of the specific grounds

for the no confidence motion.”

In this context, it is apt to refer to the

Judgment of this Court in the case of Prahallad

Dalei vs. State of Odisha

5

relied on by the

learned Senior Counsel for the Opposite Party Nos.6

and 7.

Paragraph-10 thereof relevant for the

purpose of the adjudication of the present lis is

extracted hereunder;

“10. From the discussions supra, it is clear that-

“(i) no form or proforma has been prescribed

either for the Notice to be issued by the Sub-

Collector calling upon the members including

the Sarpanch or Naib-Sarpanch to attend the

meeting of No Confidence, or for the requisition

to be sent by 1/3rd members of the Grama

Panchayat or for the proposed resolution to be

moved.

(ii) If the intention of the requisite number of

members is clear from the resolution adopted in

the meeting held to prepare the requisition and

5

Prahallad Dalei v. State of Odisha, 2015 SCC OnLine Ori 395

Page 15 of 16

W.P.(C). No.34984 of 2025

the proposed resolution, then the said

intention is to be accepted as indicatives of

the fact that requisite number of members

want to move a No Confidence Motion and

that resolution adopted in such meeting is to

be abstractly accepted as the proposed

resolution.

(iii) The so called proposed resolution to be

moved need not be on a separate sheet or

document.”

16. On a close reading of the resolution at

Agenda No.11, which was enclosed to the

requisition, and assessing the same on the

touchstone of the law laid down by the Larger

Bench of this Court in the cases of Nabanita

Kapat Patra

2

and Prahallad Dalei

5

(supra),

this Court is persuaded to arrive at the

inescapable conclusion that Agenda No.11

satisfies the requirements of “resolution” as

stated in Section 24(2)(a)

1

and 24(a)(c)

1

of the

Orissa Grama Panchayats Act, 1964.

17. Considering the rival stands in the light of

the law as laid down, this Court does not find

any merit in the writ petition.

18. Accordingly, the Writ Petition stands

rejected.

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W.P.(C). No.34984 of 2025

19. Interim order stands vacated. Cost made

easy.

(V. Narasingh)

Judge

Orissa High Court, Cuttack,

Dated the 13

th

May, 2026/ Santoshi