In the case, Shradhanjali Padhi & Ors. vs. State of Odisha & Ors., the case involves three writ petitions challenging the nomination of Naib Sarapanchs (Deputy Sarpanchs) in various Gram Panchayats in Odisha. After the elections for Sarapanchs were conducted, meetings to elect the Naib Sarapanch were convened. In these meetings, despite a majority of ward members being present, the election officers declared that there was no quorum, and instead of holding elections, they nominated individuals to the position of Naib Sarapanch. This was challenged by the petitioners, who claimed that the election officers wrongly avoided conducting the election.
Point of Law:
The main legal issue revolves around whether the nominations made by the election officers for the post of Naib Sarapanch were in accordance with the Orissa Gram Panchayat Act, 1964, and the Gram Panchayat Election Rules, 1965. The law requires a majority of members to be present to elect the Naib Sarapanch, but it does not mandate that all members must be present for the election to take place.
High Court Ruling:
The Orissa High Court held that the nominations were illegal as the election officers had failed to conduct elections even when a majority of members were present. The court ruled that the provisions of the Orissa Gram Panchayat Act, 1964, and the Gram Panchayat Election Rules, 1965, clearly require the election of the Naib Sarapanch when a majority is present, and in this case, the majority was met. The court set aside the nominations and ordered that the election process be recommenced from the point where it was halted.