BHOLESWARI DAS Vs. COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) This is a Writ Petition at the instance of the returned candidate, Petitioner herein, for the post of Sarapanch of Sunari Sikuan Gram Panchayat in challenge to the impugned order at Annexure-12 passed by the Collector and District Magistrate, Nuapada in exercise of power under Sec. 26 of the Orissa Gram Panchayat Act, 1964 (herein after called, 'O.G.P.Act) in allowing the Sec. 26 Application at the instance of the unsuccessful candidate, O.P.2 herein seeking declaring the returned candidate to be disqualified to hold the post of Sarapanch.

(2.) Factual background as revealed, the Petitioner along with O.P.2 and two others contested for the post of Sarapanch of Sunari Sikuan Gram Panchayat of Khariar Panchayat Samiti of Nuapada District in the General Elections to Panchayati Raj Institutions, 2022. Nomination papers of all these persons were duly accepted by the Election Officer after proper scrutiny, vide the Election Notification at Annexure-1. Annexure-2 is a disclosure of candidates to the post of Sarapanch of different Gram Panchayats in Khariar Panchayat Samiti. In the election the Petitioner having secured highest number of votes was elected as the Sarapanch of Sunari Sikuan Gram Panchayat. On 2/3/2022 the Election Officer notified the name of the Petitioner being duly elected as Sarapanch, vide Annexure-3.It is while the Petitioner was in charge of Sarapanch of Sunari Sikuan Gram Panchayat, she received notice dtd. 28/3/2022 appearing to be in connection with the proceeding under Sec. 26 of the O.G.P.Act on the File of the Collector and District Magistrate, Nuapada, as Application being moved by O.P.2 to remove the Petitioner from the post of Sarapanch on the footing that she had not attended 21 years of age as on date of filing of nomination. It appears, the complain before the Collector and District Magistrate was based on the Student Admission Register of the Petitioner while she was a student of Odisha Adarsha Vidyalaya, Badi and High School Certificate. This case was registered as Misc. Case No.4/2022 on the File of O.P.1. Notice is appended as Annexure-4. The Petitioner on her appearance filed a detailed show cause along with supporting documents, such as Voter Identity Card, Voter List, Aadhar Card, Pan Card, Medical Certificate issued by the Medical Officer in-charge of Khariar C.H.C., Birth Register of the Anganwadi Worker of Sunari Sikuan A.W.C. 4. The Petitioner in the show cause attempted to support all the above documents in order to establish that she had already attended 21 years of age at the time of filing of nomination paper for the post of Sarapanch. Copy of the show cause reply is appended here as Annexure-5 and copies of the documents indicated herein above introduced by the Petitioner herein are all appended as Annexure-6 to 11. There has been involvement of an enquiry in the Sec. 26 proceeding. On completion of argument, O.P.1 passed order dtd. 15/3/2023 in Misc. Case No.4/2022 at Annexure-12 declaring the Petitioner disqualified to contest the post of Sarapanch and as a consequence, there was also direction for removal of her from the post of Sarapanch.

(3.) The Petitioner assailed the impugned order on the following grounds :-