SATYABADI ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ petition, the petitioner challenged the order dated 3.3.2010 passed by learned Collector, Cuttack, under Annexure-11.

(2.) As per the writ petition, the petitioner is the Sarpanch, while opp. party No. 4 is the Naib Sarpanch of Mahulia Gram Panchayat. Opp. Party No. 4 wanted to dislodge the petitioner from his seat and take charge of the office of Sarpanch. She filed a number criminal cases against the petitioner on false allegations. She along with some of her henchmen filed a false complaint before learned Collector, Cuttack against the petitioner on several grounds, including the ground that he was allotted with execution of the work "LI work (4th phase) of Apokhia drain" by the B.D.O. Baramba on 12.2.2004 with an estimated cost of Rs. 50,000/ -. Measurement and check measurement of the work was done by J.E. and A.E. of the Block on 12.1.2005 and 13.1.2005 respectively and in the first phase, payment of Rs. 39,883 was made to him on 24.3.2005 followed by payment of Rs. 10,117/ - in the 2nd phase on 8.8.2008 after final measurement was done by the competent authority.

(3.) On receipt of the complaint, the Collector Cuttack, issued show cause notice to the petitioner and accordingly, he filed his show cause on 30.12.2009 denying the allegations. After hearing the parties, learned Collector, Cuttack held that the aforesaid work was allotted to the petitioner prior to declaration that the petitioner was elected as Sarpanch of Mahulia Gram Panchayat. But the final measurement and payment having been made for the said work during the incumbency of the petitioner as Sarpanch, he disqualified him to hold the office of Sarpanch in view of the provision contained under Section 25(1)(h) of the Orissa Gram Panchayat Act, 1964 (hereinafter referred as "G.P. Act"), which is under challenge in this writ petition.