JADUNATH MARANDI Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) THE petitioner has challenged the order dated 18.10.2010 passed by the Collector and District Magistrate, Mayurbhanj in G.P. Misc. Case No. 15 of 2007 declaring him disqualified to hold the office of Sarpanch of Patisari Grama Panchayat under Badasahi Block in the district of Mayurbhanj.

(2.) ADMITTEDLY the Petitioner was elected as Sarpanch of Patisari Grama Panchayat in the last election held during the year 2007. While he was continuing as such, one Kartikeswar Mohanty made a complaint before the Collector and District Magistrate, Mayurbhanj that the petitioner had six children namely, Kinaram Marandi, Arati Marandi, Minati Marandi, Sumati Marandi, Bhima Charan Marandi and Rebati Marandi, of whom, the latter two children were born on 15.4.1996 and 20.5.1997 respectively and as such he was disqualified to continue as the Sarpanch, in view of the provision contained under Section of the Orissa Grama Panchayat Act, 1964 (in short 'G.P. Act'). The Collector registered the complaint as G.P. Misc. Case No. 15 of 2007 and directed the B.D.O. Barasahi to conduct an enquiry on the complaint and submit a report.