JOGO BHATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, by filing this writ application, seeks to assail an order dated 31.12.2019 passed by the Collector and District Magistrate, Nabarangpur in R.M.C. (GP) Case No.6 of 2017 in an enquiry held by him under section 26 of the Odisha Grama Panchayat Act, 1964 (hereinafter, referred to as 'the OGP Act') in holding the petitioner, the elected Sarpanch of Kanakote Grama Panchayat as disqualified under clause (v) read with the proviso under sub-section (1) of section 25 of the OGP Act.

(2.) The opposite party no.6 had submitted a petition before the Collector that this petitioner has begotten third child after the cut off date and, therefore, is disqualified to hold the Office of Sarpanch. He has also stated that when on 17.01.2017, this petitioner had filed his nomination, he had raised the objection to the same praying for its rejection on the ground of his disqualification having begotten the third child after the cut off date, i.e, 18.04.1994 which had been illegally turned down.

(3.) The Collector, on receipt of the above petition, had issued the notice to the petitioner and after hearing and on going through the documents, as have been referred to in the order, has held that the petitioner is disqualified to hold the Office of Sarpanch of Kanakote Grama Panchayat as his third child has been born on 22.04.1994 making him disqualified under Clause (v) read with the proviso under sub-section (1) of section 25 of the OGP Act.