BASUDEV SAHOO Vs. AKHAYA KUMAR PRADHAN

JUDGEMENT

(1.) IN view of the embargo created under Section 25(1)(v) of the Orissa Grama Panchayats Act, 1964 (hereinafter referred to as 'the Act') whether a person having three children by giving away one child in adoption would become eligible to contest the election for the post of Sarpanch of a Grama Panchayat is the moot question required to be considered in this case.

(2.) FOR the sake of brevity and better appreciation, Section 25(1)(v) of the Act is quoted hereinbelow:

(3.) TO substantiate the plea that one of the daughters of the petitioner, namely, Anita born on 31st July, 1997, had been adopted away by the brother in law of the petitioner Rama Chandra Sahoo on 28th November, 1997, the petitioner for examined said Rama Chandra Sahoo as O.P.W. 2. Relying upon the evidence of O.P.W. 1, O.P.W. 2 and O.P.W. 3, the trial Court came to the conclusion that Anita was, in fact, given away in adoption by the petitioner and that on the date of filing of the nomination paper the petitioner had only two children, and not three. Thus it was held that the petitioner had not violated the provision of Section 25(1)(v) of the Act. His nomination having been accepted and he having been duly elected by the mandate of voters, the same could not be held to be invalid in the eye of law. On the basis of such conclusion, the Election Misc. Case was dismissed.