Orissa High Court
Gajapati Sahu vs State Of Odisha on 15 April, 2026
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 8950 of 2026
Gajapati Sahu .... Petitioner
Dr. S.B. Das, Advocate
-versus-
1. State Of Odisha,
Represented
Through Its
Secretary,
Panchayati Raj
Department At-
Odisha Lok Seva
Bhawan, P.O.-
Bhubaneswar,
Khurda
2. Director, P.R. &
D.W. Department,
in Revenue
Department, At-
Odisha Lok Seva
Bhawan, P.O.-
Bhubaneswar,
Khurda
3. The Collector,
Balangir
4. The District
Panchayat Officer,
Balangir
5. The Block
Development
Officer, Balangir, .... Opposite Parties
Saintala
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6. The Tahasildar-
Cum-Executive
Magistrate,
Saintala, Balangir
7. Smt. Pankajini
Sahu
Mr. M.R. Mohanty, AGA
CORAM: JUSTICE V. NARASINGH
ORDER
15.04.2026
Order No.
02. 1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. During the course of hearing, learned counsel
for the Petitioner, Mr. Das, submits that he does not
want to pursue the writ petition qua the Opposite
Party No.7. He undertakes to file a memo to the said
effect.
As such, the writ petition is confined to
Opposite Party Nos.1 to 6.
3. The present writ petition has been filed at the
behest of elected Sarpanch of Dunguripali Gram
Panchayat assailing the order under Annexure-8
directing him to submit a show cause as well as
Annexure-1 placing him under suspension in
purported exercise of powers conferred under Section
115 of the Odisha Gram Panchayat Act, 1964 (“Act,
1964”).
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4. The factual matrix relating to issuance of both
the orders has been succinctly stated in the notice to
show cause impugned herein.
It is borne out from the said show cause that
since the Petitioner was allegedly involved in Saintala
P.S. Case No.10 dated 12.01.2026 under Section
221/ 214(3)/ 3(5) of the BNS read with Section 3(2)
of the PDPP Act, was arrested and remanded to
judicial custody from 13.01.2026 to 15.01.2026, the
same entails suspension, in terms of the Act, 1964.
5. It is the submission of the learned counsel for
the Petitioner that the power of suspension and
removal of Sarpanch, Naib-Sarpanch and member
has been stated in Section 115 of the Act, 1964.
For convenience of reference the same is
extracted hereunder;
“115. Suspension and removal of Sarpanch,
Naib-Sarpanch and Member:- (1) If (1) If the
State Government, on the basis of a report of the
Collector or the Project Director, District Rural
Development Agency, or suo motu are of the
opinion that circumstances exist to show that the
Sarpanch or Naib Sarpanch of a Grama Panchayat
wilfully omits or refuses to carry out or violates
the provisions of this Act or the rules or orders
made thereunder or abuses the powers, rights
and privileges vested in him or acts in a manner
prejudicial to the interest of the inhabitants of thePage 3 of 9
Grama and that the further continuance of such
person in Office would be detrimental to the
interest of the Grama Panchayat or the
inhabitants of the Grama, they may after giving
the person concerned a reasonable opportunity of
showing cause, remove him from the Office of
Sarpanch or Naib-Sarpanch, as the case may be.
(2) The State Government may, pending
initiation of the proceeding on the basis of their
opinion under Sub-Section (1), by order, for
reasons to be recorded in writing, suspend the
Sarpanch or Naib-Sarpanch, as the case may be,
from the Office.
(3) The State Government, at any time
during the pendency of proceeding under “Sub-
Section (1), revoke the order of suspension of a
Sarpanch or Naib-Sarpanch passed under Sub-
Section (2)”
(4) A Sarpanch or Naib-Sarpanch on
removal from Office under Sub [Section (1)] shall
also cease to be a member of the Grama
Panchayat, and such person shall not be eligible
for election as member for a period not exceeding
four years as the State Government may specify.
(5) The provisions of this Section shall, so
far as may be, apply in respect of any member of
the Grama Panchayat not being a Sarpanch or
Naib-Sarpanch; provided that no such member
shall be liable to be placed under suspension
under the said provisions.
(6) (a) Whenever the Collector is of the
opinion that the Sarpanch of a Grama Panchayat
has failed in convening any meeting of the Grama
Panchayat within a period of three continuous
months he may, after making such enquiry as hePage 4 of 9
deems fit, by order, remove the Sarpanch from
Office and may also declare him not to be eligible
for election as member for a period not exceeding
one year as he may specify in his order, and on
such order being made the Sarpanch shall cease
to be a member of the Grama Panchayat.
(b) Nothing contained in the preceding
Sub-Sections shall apply in respect of a default as
specified above.
6. While adverting to Section 115 of the Act,
1964, Mr. Das, learned counsel also pressed into
service provisions relating to the powers, duties and
functions enjoined upon Sarpanch as delineated in
Section 19 of the Act, 1964.
For convenience of ready reference, the same
is extracted hereunder;
“19. Powers, Duties and Functions of
Sarpanch :- (1) Save as otherwise expressly
provided by or under this Act, the executive powers
of the Grama Panchayat for the purpose of carrying
out provisions of this Act, shall be exercised by the
Sarpanch, who shall act under the authority of the
said Grama Panchayat.
(2) Without prejudice to the generality of
the provisions of Sub-Section (1) the Sarpanch
shall, save as otherwise provided in this Act, or the
rules made thereunder and subject to such general
or special orders as may be issued from time to
time by the State Government in that behalf-
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(a) convene and preside over the meetings of the
Grama Panchayat and conduct, regulate and
be responsible for the proper maintenance of
the records of the proceeding of the said
meetings;
(b) execute documents relating to contracts on
behalf of the Grama Sasan;
(c) be responsible for the proper custody of all
records and documents, all valuable securities
and all properties and assets belonging to or
vested in or under the direction, management
or control of the Grama Sasan;
(d) be responsible for the proper working of the
Grama Panchayat as required by or under this
Act;
(e) cause to be prepared all statements and reports
required by or under this Act;
(f) exercise supervision and control over the acts
and proceedings of all Officers and employees
of the Grama Panchayat;
(g) be the authority to enter into correspondence
on behalf of the Grama Panchayat; and
(h) exercise such other powers, discharge such
other duties and perform such other functions
as may be conferred or imposed on or
assigned to him by or under this Act.”
7. It is the submission of the learned counsel for
the Petitioner that on a conjoint reading of Section
115 with Section 19 of the Act, 1964, the very
issuance of show cause is outcome of gross non-
application of mind and passing the impugned order
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at Annexure-1 in the factual matrix as above,
amounts to negating the rights of an elected
Sarpanch. Hence, the matter merits consideration.
8. It is not in dispute that in response to the
notice to show cause, the Petitioner has filed his reply
during the pendency of the writ petition, before the
designated authority i.e. The Director, Panchayati Raj
& D.W. Department, Government of Odisha,
Bhubaneswar on 19.03.2026.
And, copy thereof has also been endorsed to
the Collector.
9. It is the submission of the learned counsel that
merely because the Petitioner has submitted a show
cause, this Court is not denuded of power to entertain
a writ petition, since the Petitioner’s statutory rights
as guaranteed by the provisions of the Odisha Gram
Panchayat Act are being set at naught inter alia by
whimsical issuance of show cause notice at Annexure-
8 and also the suspension order at Annexure-1.
10. Learned counsel for the State, on the other
hand, submits that the Government is well within its
power in terms of Section 115 of the Odisha Gram
Panchayat Act, 1964 to place the Petitioner under
suspension and since admittedly the matter is
pending consideration on account of the show cause
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as submitted any decision by this Court would
amount to prejudging the issue and in the given facts
of the present case, the matter ought not to be
entertained at this juncture.
11. On a first blush, the submissions made by Mr.
Das appears to be very attractive.
On a close analysis of the provisions of Section
115 of the Act, 1964, it is seen that legislature in its
wisdom while dealing with suspension and removal of
Sarpanch, Naib-Sarpanch and members have not
referred to Section 19 of the Odisha Gram Panchayat
Act, 1964.
To read the powers, duties and functions of
Sarpanch as stated in Section 19 of the Act, 1964
into Section 115 of the Act, 1964 would amount to
rewriting the statutory provisions which, is not
permissible.
12. Hence, on a perspicuous analysis of the
materials on record, this Court is of the considered
view that interest of justice shall be sub served if the
Director, P.R. & D.W. Department (Opposite Party
No.2) before whom, the show cause has been
submitted, is directed to take a decision regarding
the tenability of order of suspension in the light of
show cause, within a period of one week from the
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date of receipt of copy of this order. The decision, so
taken, be communicated to the Petitioner.
It is apt to state here that this Court has not
expressed any opinion regarding the merits of the
show cause submitted. Such decision shall be taken
in an independent manner.
13. Accordingly, the Writ petition stands disposed
of. U.C.C. in course of the day.
(V. Narasingh)
Judge
Santoshi
Signature Not Verified
Digitally Signed
Signed by: SANTOSHI LENKA
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 15-Apr-2026 19:06:51
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