JAGDEV MAJHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) "Whether Collector of a district has jurisdiction under Sec. 26 (2) of the Odisha Grama Panchayat Act, 1964 to decide the question of disqualification of a returned candidate for not having the requisite qualification under Sec. 11(a)(i) of the aforesaid Act for not having attained the minimum age of 21 years for the post of Sarpanch of a Grama Panchayat."

(2.) The above question arose in this intra-Court appeal. The appellant, being the petitioner before the Collector, Nuapada assails the correctness of order dtd. 9/4/2019 passed by the learned Single Judge in W.P.(C) No.2924 of 2019, wherein he set aside the order passed by the learned Collector, Nuapada in exercise of jurisdiction under Sec. 26, read with Sec. 11 (a)(i) of the Odisha Grama Panchayat Act, 1964, hereinafter referred to as 'Act' for brevity. The respondent no.3 was elected as a Sarpanch of Saliha Grama Panchayat of Nuapada block on 27/2/2017. A petition under Sec. 26 of the Act was filed by the appellant and others on the ground that nomination of the respondent no.3 was accepted illegally as she has not attained the age of 21 years on the date of filing of the nomination and as such, she was not qualified to the post of Sarpanch as per Sec. 11 (b) of the Act. The Collector, Nuapada issued notices and after accepting evidences etc came to the conclusion that the respondent no.3, opposite party before him, had not attained the minimum age prescribed in Sec. 11 (b) of the Act at the time of filing nomination for the post of Sarpanch, as her date of birth is 29/9/1997. Accordingly, he declared the respondent no.3-Manita Sahu to be disqualified for being elected as Sarpanch of Saliha Gram Panchayat of Nuapada Panchayat Samiti and her election for the said post was declared to be void and illegal.

(3.) The learned Single Judge after taking into consideration the materials placed before him and relying upon a judgment of this Court in W.P.(C) No.3321 of 2018 held that the allegation with regard to not attaining the age of 21 i.e. the age of eligibility is a violation of Sec. 11 (b) of the Act, and it can only be challenged in a election petition filed under Sec. 30 of the Act and the allegation made does not come within the purview of Sec. 25 of the Act. Hence, he held that the Collector should not have exercised the jurisdiction under Sec. 26 of the Act and therefore, allowed the writ petition and quashed the order passed by the Collector, Nuapada.