Orissa High Court Reinstates Bhuban NAC Chairperson After Quashing Government Removal
The Orissa High Court has delivered a significant judgment by quashing the removal of Suvendu Kumar Sahoo as the chairperson of the Bhuban Notified Area Council (NAC) in Dhenkanal district. The court ruled that the state government's action was legally unsustainable, leading to Sahoo's reinstatement.
Court Sets Aside Government Notices and Notification
On February 26, 2026, a single-judge bench of Justice R.K. Pattanaik set aside both the June 18, 2025 notice and the September 9, 2025 notification issued under Section 53 of the Odisha Municipal Act, 1950. The notification, issued by the Director of Municipal Administration, had removed Sahoo from office with immediate effect, a decision now overturned by the high court.
Background of the Case and Allegations
Sahoo, who was elected on March 30, 2022, moved the high court on September 15, 2025, challenging the legality of the proceedings initiated against him. The allegations against him included:
- Non-constitution of ward committees in violation of Section 57-A of the Odisha Municipal Act.
- Irregularities in sanitation work and alleged excess labour payments.
- Execution of paver road projects without prior approval from the Water Resources Department, Government of Odisha, purportedly breaching Rule 335 of the Odisha Municipal Rules, 1953.
Court's Findings on Lack of Evidence
Justice Pattanaik found that the record did not disclose any material to establish "wilful default or deliberate intent" on Sahoo's part. The court also noted a critical procedural flaw: the enquiry report had not been supplied to Sahoo during the proceedings, undermining the fairness of the action.
In his observation, Justice Pattanaik stated: "When the Court finds that there have been irregularities alleged against the petitioner in absence of anything on record even remotely suggesting that it was a wilful default or deliberate intent… the irresistible conclusion of the Court is that the impugned decision cannot be sustained."
Legal Clarification on Removal Grounds
The judgment further clarified that "mere negligence or irregularities… cannot be a ground enough for his removal under Section 53 of the Act," unless backed by a definite finding of wilful or deliberate misconduct. This sets a precedent for similar cases, emphasizing the need for concrete evidence of intentional wrongdoing in municipal governance disputes.
Conclusion and Reinstatement
Holding that the government's action suffered from "legal infirmity," the court concluded: "As a necessary corollary, the impugned notice and notification are hereby quashed." With this ruling, Sahoo stands reinstated as the chairperson of the Bhuban NAC, marking a victory for procedural justice and legal oversight in local administration.
This case highlights the importance of due process and evidence-based decisions in governmental actions, particularly in matters of public office removal. The Orissa High Court's intervention underscores the judiciary's role in checking administrative overreach and ensuring fairness in governance.
