BANAMALI PANDE Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Learned Counsel for the petitioner and the Learned Additional Government Advocate.

(2.) IN this Writ Petition the petitioner challenges the order dated 23.7.2004 in Annexure -2 issued by the Collector, Bolangir. By the impugned order, the Collector in exercise of powers conferred upon him under Section 26 of the Orissa Grama Panchayats Act, 1964 disqualified the petitioner to be Sarpanch for having more than two children after 22.4.1994. The order was passed with immediate effect.

(3.) ACCORDINGLY , we quash the impugned order of disqualification in Annexure -2 issued by the Collector, Bolangir. However, it shall be open to the Collector, Bolangir to issue fresh notice along with copy of the said report and upon hearing the petitioner and after taking into consideration reply to the show cause notice if at all the petitioner chooses to file, the same shall be disposed of by giving decision afresh in terms of the provisions of law on the question of disqualification. With the aforesaid observation and direction, the Writ Application is disposed of.