Baidehi Majhi @ Bohidehi Majhi Vs State of Odisha

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 9625 of 2025

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Baidehi Majhi @ Bohidehi Majhi ….. Petitioner Mr. A. C. Behera, Advocate

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Vs.

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1. State of Odisha 2. Under Secretary to Govt., Panchayat Raj and Drinking Water Department 3. Director, Panchayat Raj Department 4. Collector and District Magistrate, Nuapada 5. District Gram Panchayat Officer, Nuapada 6. Block Development Officer, ….. Opp. Parties Khariar Mr. A. Mohanty, A.S.C.

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CORAM:

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JUSTICE SAVITRI RATHO ORDER

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09.04.2025

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(Through hybrid mode)

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Order No. 1. This writ application has been filed challenging the 01. suspension order dated 26.03.2025 passed by the Director of Panchayati Raj & D.W. Department suspending the petitioner who is the sarpanch of Lanji GP under Khariar Block, distNuapada on the allegation that she was involved in misappropriation of Govt. money to the tune of Rs.3,53,188/- out of MGNREGAS fund as her DSC(digital signature) has been used by the GRS of the Lanji GP for fraudulent payment without execution of the development project “Improvement of Upperpita Tentuli Tank”.

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Mr. A. C. Behera, learned counsel for the petitioner submits

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that the petitioner was elected as Sarpanch of the Lanji GP in the year 2022 and till date there has been no allegation against her of any corrupt activities. The Gram Rojgar Sevak has used her digital signature and misappropriated the funds sanctioned for improvement of Upperpita Tentuli Tank, so the petitioner is not at fault. As she has no role to play in disbursement of MGNREGAS fund, the suspension order should not have been passed against her.

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Perused the order dated 26.03.2025 (Annexure-1), where it is stated as follows;

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“Whereas, it appears from the report of the Collector, Nuapada that Smt. Baidehi Majhi, Sarpanch of Lanji GP under Khariar Block, Dist- Nuapada is allegedly involved in misappropriation of Govt. money to the tune of Rs, 3,53,188/only out of MGNREGS fund as her DSC was used by the GRS of Lanji GP for fraudulent payment without execution of the development project "Improvement of Upperpita Tentuli Tank".

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Whereas, Smt. Majhi has wilfully violated the provisions of Section 19 of Odisha Gram Panchayat Act, 1964 and Rules made there under and abuses the power, right and privileges vested on her and acts in such a manner, which is prejudicial to the interest of the inhabitants of the Grama. As such, her further continuance in the office as Sarpanch of Lanji Gram Panchayat would be detrimental to the interest of inhabitants of Gram Panchayat.

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Now, therefore, in the exercise of the powers conferred under Section 115 (2) of the Odisha Gram Panchayat Act, 1964, Government have been pleased to place Smt. Baidehi Majhi, Sarpanch of Lanji GP under Khariar Block under suspension with immediate effect, pending initiation of disciplinary

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proceedings under Section 115(1) of the said Act.”

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Section 115 sub-clause 1, 2 & 3 of the Odisha Gram

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Panchayat Act (in short “the Act”) provide as follows;-

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“115. Suspension and removal of Sarpanch, Naib-Sarpanch and member.

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“[(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 the 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.

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(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.

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(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 Subsection (2).]”

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As per provision of S.115 (2) the State Government has the

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power to suspend the Sarpanch or Naib-Sarpanch for reasons to be recorded in writing pending initiation of the proceeding

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under Section 115(1) of the Act and order of removal cannot be

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passed without giving the person a chance of hearing. It has been

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observed in the order that Smt. Majhi has wilfully violated the provisions of S.19 and her further continuance would be detrimental to the interest of inhabitants of the Gram Panchayat. So, I do not find any reason to interfere with the impugned order at this stage.

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In view of the submission of the learned counsel for the petitioner that the petitioner is not responsible for misappropriation of the MGNREGAS fund and her digital signature has been misused by the Gram Rojgar Sevak without her knowledge and in view of the provision of Sec. 115(3) of the Act which gives power to the State Government to revoke the order of suspension, liberty is granted to the petitioner to approach the State Government for revocation of the order of suspension.

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If such an application is filed, it shall be decided expeditiously.

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With this observation, this writ application is disposed of.

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(Savitri Ratho)

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Judge

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Signature Not Verified Subhalaxmi

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Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Designation: Junior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 09-Apr-2025 20:50:19

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Baidehi Majhi @ Bohidehi Majhi v. State of Odisha

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Baidehi Majhi @ Bohidehi Majhi v. State of Odisha

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