Disposed¶20

Jayaram Nayak v. State Election Commission, Bbsr

Orissa HC15 Oct 2025WP(C)/25250/2025

Case brief

AI extract

What is this about?

Keywords: casual vacancy; Sarpanch; Grama Panchayat; Section 16 Odisha Grama Panchayats Act 1964; Rule 85 Odisha Grama Panchayat Election Rules 1965; election by Election Commission without delay; Naib Sarpanch in-charge; Annexure-1 notification dated 24-02-2025; direction to hold election within two months; W.P.(C) No.25250 of 2025; High Court of Orissa at Cuttack; R.K. Pattanaik, J.; disposed of 15.10.2025.

What did the court decide?

Direction to opposite party No.1 to hold election to the post of Sarpanch of the concerned GP lying vacant, duly notified as per Annexure-1, as soon as possible, preferably within a period of two months from the date of receipt of a copy of this order. ¶20

Jayaram Nayak Vs State Election Commission, Bbsr — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the Court should direct opposite party No.1 to hold election to fill the casual vacancy to the post of Sarpanch of the concerned Grama Panchayat, notified as per Annexure-1.

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Court's answer

As per Section 16 of the Odisha Grama Panchayats Act, 1964, any such casual vacancy is to be filled up with an election held by the Election Commission without delay, and this is supplemented by Rule 85 of the Odisha Grama Panchayat Election Rules, 1965.

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Ratio / Principle

Since the vacancy has been notified (Annexure-1) and the post of Sarpanch lies vacant with the Naib Sarpanch in charge, the Court considers it proper to direct opposite party No.1 to hold election to the said post at the earliest.

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Key takeaways

The writ petition stands disposed of with a direction to opposite party No.1 to hold election to the vacant Sarpanch post as soon as possible, preferably within two months from the date of receipt of a copy of this order.ratio¶20

Detailed headnote1 paragraphs

Orissa High Court, W.P.(C) No.25250 of 2025 (decided 15.10.2025; R.K. Pattanaik, J.): Jayaram Nayak sought a direction to opposite party No.1 to fill the casual vacancy to the post of Sarpanch of his Grama Panchayat, which had arisen by a motion and was notified on 24.02.2025 (Annexure-1). Relying on Section 16 of the Odisha Grama Panchayats Act, 1964 read with Rule 85 of the Odisha Grama Panchayat Election Rules, 1965, the Court held that such a vacancy must be filled by an election held by the Election Commission without delay; noting the post still lay vacant with the Naib Sarpanch in charge, it directed opposite party No.1 to hold the election at the earliest, preferably within two months of receipt of the order. Petition disposed of accordingly.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.25250 of 2025

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Jayaram Nayak …. Petitioner

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Mr. K.K. Mishra, Advocate

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-Versus-

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State of Election Commission, …. Opposite Parties Bhubaneswar and others

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Mr. P.K. Sahoo, ASC

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CORAM:

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MR. JUSTICE R.K. PATTANAIK

ORDER

Order No.

15.10.2025

1. Heard Mr. Mishra, learned counsel for the petitioner and Mr. Sahoo, learned ASC for the State.

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Instant writ petition is filed by the petitioner for a direction to the opposite parties and in particular, opposite party No.1 to fill up casual vacancy to the post of Sarpanch of the concerned GP in view of the notification dated 24^th February, 2025 at Annexure-1.

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Mr. Mishra, learned counsel for the petitioner referring to Section 16 of the Odisha Grama Panchayats Act, 1964 (herein after referred to as ‘the Act’) read with Rule 85 of Odisha Grama Panchayat Election Rules, 1965 (in short, ‘the Rules’) submits that the casual vacancy which has arisen as a result of the motion and duly notified as per Annexure-1 is still to be filled up, hence, therefore, a direction may perhaps issued in that regard.

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Page 1 of 2

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Recorded the submission of Mr. Sahoo, learned ASC for the State.

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As per Section 16 of the Act, any such vacancy is to be filled up with an election held by the Election Commission without delay and it is supplemented by Rule 85 of the Rules. As there has been notification as per Annexure-1, considering the submissions of learned counsel for the respective parties and regard being had to the fact that the post of Sarpanch is still laying vacant and the Naib Sarpanch is in-charge, the Court considers it to be proper to direct opposite party No.1 to hold election to the said post at the earliest.

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6. Accordingly, it is ordered.

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In the result, the writ petition stands disposed of with a direction to opposite party No.1 to hold election to the post of Sarpanch of the concerned GP lying vacant duly notified as per Annexure-1 as soon as possible preferably within a period of two months from the date of receipt of a copy of this order.

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Urgent copy of this order be issued as per rules.

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(R. K. Pattanaik) Judge

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Rojina

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Signature Not Verified

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Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 16-Oct-2025 13:58:29

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Jayaram Nayak v. State Election Commission, Bbsr

Case brief

What is this about?

What did the court decide?

Jayaram Nayak v. State Election Commission, Bbsr

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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