Saroj Kumar Pradhan Vs State of Odisha — Writ and Judicial Review | Orissa HC (2026)

Saroj Kumar Pradhan Vs State of Odisha — Writ and Judicial Review | Orissa HC (2026)

What the court decided

AI extract

Outcome

No relief on the vires challenge; the writ petitions stand disposed of in terms of the judgment pronounced on 18.05.2026 in W.P.(C) Nos.27234 of 2025 and 23206 of 2025; pending Interlocutory Application(s), if any, disposed of accordingly.

Issue for consideration

Whether the requirement under sub-rules (1) and (2) of Rule 16 of the Odisha Panchayat Samiti Accounting Procedure Rules, 2002 of presenting bills/claims for payment to the Block Development Officer without countersignature of the Chairman or Vice-Chairperson is ultra vires the Odisha Panchayat Samiti Act, 1959. +1 more

Court's answer

The provisions of Rule 90 and Rule 91 of the Odisha Panchayat Samiti Accounting Procedure Rules, 2002 manifestly empower the Chairman to have checks and balances over the functioning of the Block Development Officer.

Ratio / Principle

In view of the clear stand in the counter affidavit — that the Block Development Officer, as Executive Officer of the Samiti, acts under the overall control and supervision of the Chairperson, that payment orders signed by him are subject to audit vis-à-vis fund utilization guidelines, and that the amendment was brought to reduce the workload of the Chairman — and the concession of counsel, no grievance of the Chairmen of the Samitis remains as apprehended in the writ petitions.

Key takeaways

Counsels for the petitioners unequivocally conceded to the stand taken by the Government of Odisha through the Panchayati Raj and Drinking Water Department that the Block Development Officer acts at the instructions of the Chairman and is under the control, inspection and supervision of the Samiti.ratio¶114
The instant writ petitions stand disposed of in terms of the judgment pronounced on 18.05.2026 in W.P.(C) Nos.27234 of 2025 and 23206 of 2025; pending Interlocutory Application(s), if any, stand disposed of accordingly.ratio¶115

Detailed headnote1 paragraphs

Panchayati Raj — Odisha Panchayat Samiti Accounting Procedure Rules, 2002, Rule 16(1), (2) and proviso to sub-rule (1); Odisha Panchayat Samiti Accounting Procedure (Amendment) Rules, 2025 (SRO No.566/2025, dated 31.07.2025) — writ petitions (batch, tagged to W.P.(C) No.27234 of 2025) challenging the dispensing with the countersignature of the Chairman/Vice-Chairperson on bills presented to the Block Development Officer and the enhancement of the pecuniary limit for signing payment orders from two lakhs to ten lakhs rupees, as ultra vires the Odisha Panchayat Samiti Act, 1959 and beyond the Heading "Panchayats" in Part-IX of the Constitution — on the State's counter-affidavit stand that the BDO, as Executive Officer, acts under the overall control and supervision of the Chairperson, that payment orders signed by him are subject to audit, and that Rules 90 and 91 of the 2002 Rules empower the Chairman with checks and balances over the BDO, counsel for the petitioners conceded that no grievance remained — writ petitions disposed of in terms of the judgment pronounced on 18.05.2026 in W.P.(C) Nos.27234 of 2025 and 23206 of 2025; pending IAs also disposed of (Harish Tandon, CJ and Murahari Sri Raman, J).

Parties & counsel

AI extract

petitioner
Manas Jena¶5
Sukanta Kumar Dalai, Premananda Swain, Satyabrata Mahapatra, Bivasini Bhuyan, Jagyaseni Bhuyan, Subarna Keshari Panda
petitioner
Satyanarayan Agarwal¶27
Millan Kanungo (Sr.), Soumya Ranjan Mohanty, Dipankar Acharya, B. Ray, P.K. Pradhan
petitioner
Pradeep Pradhan¶27
Millan Kanungo (Sr.), Soumya Ranjan Mohanty, Dipankar Acharya, B. Ray, P.K. Pradhan
petitioner
Bhubaneswar Kisan¶27
Millan Kanungo (Sr.), Soumya Ranjan Mohanty, Dipankar Acharya, B. Ray, P.K. Pradhan
petitioner
Minati Singh¶55
Millan Kanungo (Sr.), Soumya Ranjan Mohanty, Dipankar Acharya, B. Ray, P.K. Pradhan
petitioner
Sudhanya Naik¶56
Millan Kanungo (Sr.), Soumya Ranjan Mohanty, Dipankar Acharya, B. Ray, P.K. Pradhan
petitioner
Kabita Manjari Nayak¶57
Millan Kanungo (Sr.), Soumya Ranjan Mohanty, Dipankar Acharya, B. Ray, P.K. Pradhan
petitioner
Kausalya Majhi¶58
Millan Kanungo (Sr.), Soumya Ranjan Mohanty, Dipankar Acharya, B. Ray, P.K. Pradhan
petitioner
Pitha Nath Soren¶59
Millan Kanungo (Sr.), Soumya Ranjan Mohanty, Dipankar Acharya, B. Ray, P.K. Pradhan
petitioner
Panamai Marndi¶62
Millan Kanungo (Sr.), Soumya Ranjan Mohanty, Dipankar Acharya, B. Ray, P.K. Pradhan
petitioner
Upama Behera¶70
Amitabh Mishra, Abhisek Kejriwal, Ananya Pradhan, Sasanka Sekhar Das, Sritam Mohanty
petitioner
Saroj Kumar Pradhan¶82
Manoj Kumar Mishra (Sr.), Tanmay Mishra, Sangram Senapati, A.S. Mahaprashasta
petitioner
Pranay Kumar Sahu¶83
Manoj Kumar Mishra (Sr.), Tanmay Mishra, Sangram Senapati, A.S. Mahaprashasta
respondent
State of Odisha, represented through Commissioner-cum-Secretary to Government, Panchayati Raj Department¶8
Kailash Chandra Kar
respondent
State of Odisha, represented through Chief Secretary to Government¶18
Kailash Chandra Kar
respondent
State of Odisha, represented through Secretary, Panchayati Raj and Drinking Water Department¶31
Kailash Chandra Kar
respondent
State of Odisha, represented through Secretary, Department of Finance¶32
Kailash Chandra Kar
respondent
State of Odisha, represented through Commissioner-cum-Secretary, Panchayati Raj and Drinking Water Department¶74
Kailash Chandra Kar

Coram

AI extract

Harish Tandonmember¶95
Murahari Sri Ramanmember¶97