SUBENTI @ SUBANTRAY PRADHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, by filing this writ application, has assailed an order dated 01.10.2019 passed by the learned District Judge, Kandhamal, Phulbani in Election Petition No.02 of 2017.

(2.) The opposite party no.5, a sitting member of Daringibadi Panchayat Samiti, by filing an application before the learned District Judge, as provided under section 45-B of the PS Act, has sought for a declaration that this petitioner, the Chairperson of said Panchayat Samiti is disqualified on the ground that she has more than two children after the cut off date coming within the mischief of Clause (v) read with the proviso thereto under sub-section (1) of section 45 of the PS Act.

(3.) The allegation has been made by the opposite party no.5 that the petitioner is disqualified to be a member of the Panchayat Samiti as per clause (v) read with the proviso thereto sub-section (1) of section 45 of the PS Act for having more than two children after the cut off date, i.e, 21.04.1995. The specific allegation is that the petitioner has in total six children and that was the situation on the date of filing of her nomination paper on 16.01.2017 and last child was born on 05.07.1996, which is after the cut off date, i.e, 21.04.1995.