Kataka: The Orissa High Court on Wednesday quashed a notice for a no-confidence motion against Chameli Ojha, the 35-year-old sarpanch of Tikhiri gram panchayat in Kendrapada district’s Mahakalpada block, citing procedural lapses under the Odisha Gram Panchayat Act, 1964.
Justice Sanjay Kumar Mishra, hearing Ojha’s petition, invalidated the proceedings after examining the requirements of Section 24(2)(c) of the Act. Advocate Sukant Kumar Dalai, who represented Ojha, said the court held that the rules governing a no-confidence motion against a sarpanch were not followed, rendering the notice for the trust vote unsustainable in law.
Of the 22 ward members of the gram panchayat, 21 had moved the no-confidence motion against Ojha before the Kendrapada sub-collector. A notice was subsequently issued on August 6, scheduling the vote for August 13. Ojha approached the high court on August 7, challenging the notice on the grounds that copies of the proposed resolution and requisition had not been supplied along with it, as mandated under Section 24(2)(c). Her petition also contended that the stipulated 15-day notice period had not been provided, denying her adequate time to prepare. She further stated that the notice had been handed over to her father, who received it by affixing his thumb impression as he was not sufficiently literate to sign.
After concluding the hearing on August 11, the court reserved its judgment but directed that the no-confidence vote scheduled for August 13 could proceed, with its outcome not to be made public until the judgment was pronounced.
The high court has now nullified the notice, rendering the August 13 vote invalid as well. As a result, Ojha will continue in her post.
