BANAMALI ROUT Vs. COLLECTOR, PURI

JUDGEMENT

(1.) Heard the submissions of respective parties.

(2.) This Writ Petition involves a challenge to the order of the Collector, Puri dtd. 8/2/2023 in a proceeding U/s.26(2) of the Odisha Grama Panchayat Act, 1964 hereinafter in short be reflected as 'the Act, 1964' being registered as Election Misc. Case No.29 of 2022.

(3.) Undisputed facts remain here is, the dispute involved two complaints at the instance of the defeated candidate thereby bringing in allegation of disqualification under both provisions at Sec. 25(n) as well as (w) of the Act, 1964. This Court proceeding to the allegation of Mr. Rath, learned counsel for Petitioner that there is exercise of power by the Collector, Puri U/s.26 of the Act, 1964 finds, though there is no dispute that the Collector, Puri may involve a report involving the direction, if any, of the Collector, however, the Collector for his calling for report for utilization of the same in the decision process failed in appreciating the consequence to the person likely to suffer and there is no furnishing of copy to the party likely to be affected i.e. the Petitioner the return candidate herein and for non-supply of such copy and in absence of giving such party an opportunity of contest to such report, it is on the footing of legal error on the part of the Collector, Puri Mr. Rath, learned counsel for Petitioner attempted to satisfy the illegality in the order at Annexure-1. Taking this Court to a judgment of this Court dealing with the very same question vide W.P.(C) No.3643 of 2023 and reading through the paragraph no.12 therein Mr. Rath, learned counsel for Petitioner attempted to satisfy his such contentions. To further satisfy the allegation that there has been no supply of copy of the report obtained in the inquiry to the Petitioner, Mr. Rath, learned counsel for Petitioner took this Court to the entire order sheet of the proceeding on the file of the Collector, Puri and satisfied that in fact there has been no supply of copy of the report and accordingly submitted that there has been violation of natural justice involving such a serious issue thereby making the impugned order bad in law.