CUTTACK: The Orissa High Court has set aside the removal of Suvendu Kumar Sahoo as chairperson of Bhuban notified area council (NAC), holding that the state government’s decision suffered from ‘legal infirmity.’
Delivering judgment on February 26, a single judge bench of Justice RK Pattanaik allowed the writ petition filed by Sahoo on September 15, 2025. Sahoo had challenged the notice issued on June 18 last year and the subsequent September 9 notification by which he was removed from the post of chairperson of the NAC in Dhenkanal district.
The notification had been issued under section 53 of the Odisha Municipal Act, 1950 by the director of municipal administration.
Elected on March 30, 2022, Sahoo faced allegations that ward committees had not been constituted in violation of section 57-A of the Act. There further charges of irregularities in sanitation work and excess labour payments and that paver roads were constructed without permission from the Water Resources department, in contravention of Rule 335 of the Odisha Municipal Rules, 1953.
However, the HC found no material on record to establish any ‘wilful default or deliberate intent’ on the part of the petitioner. It observed that the enquiry report was not supplied to Sahoo during the proceedings and that the findings necessary to justify removal under section 53 were absent.
“When the Court finds that there has been irregularities alleged against the petitioner in absence of anything on record even remotely suggesting that it was a willful default or deliberate intent, the irresistible conclusion of the Court is that the impugned decision cannot be sustained,” the judgment stated.
The HC further held that ‘mere negligence or irregularities cannot be a ground enough for his removal under section 53 of the Act,’ unless supported by a definite finding of willful or deliberate misconduct.
“As a necessary corollary, the impugned notice and notification are hereby quashed,” the bench concluded, restoring Sahoo to his elected position.