RABINDRA KUMAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE writ petitioner has filed this writ petition as a public interest litigation alleging that the opp. party No. 4 Sadasiva Barisal, a Sarpanch of Pangarisingha Grama Panchayat is disqualified to hold the post of Sarpanch of the Grama Panchayat as he was more than 3 children. His grievance is that although the attention of the appropriate authority has been drawn to the said disqualification of opp. party No. 4, he has not taken any step to enquire into the said allegation and to declare opp. party No. 4 as disqualified to hold the post of Sarpanch.

(2.) THE opp. party No. 4 has entered appearance, but has not filed any counter disputing the allegations contained in the writ petition. Dr. Tripathy, learned Advocate appearing for the opp. party No. 4 has, however, raised an objection that such allegation of incurring disqualification can be decided only in an election dispute particularly when the alleged disqualification came into existence before the election. In support of his submission Dr. Tripathy cited two decisions of this Court, namely. Maheswar Tripathy v. State of Orissa and Ors. [7992 (II) OLR 90] and Baneswar Biswal v. State Election Commissioner, Orissa and Ors. [1997 (I) OLR 310]

(3.) THE disqualification specified in Section 25(1)(u) and (v) of the Orissa Grama Panchayat Act (hereinafter referred to as the 'Act') have been inserted by amendment of Section 25 with effect from April, 1.8.1994. Consequently Section 25(2)(a) of the Act was also amended with effect from the said date. The relevant portions of Section 25(1) and (2) of the Act are quoted below :