SUBASH SITARI Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard Mr. A.Mohanty, learned Senior Counsel for the Petitioner, Mr. M.Mohapatra, learned Senior Counsel for Opposite Party No.5 and Mr. S.Mishra, learned ASC for State-Opposite Parties.

(2.) The order of disqualification dtd. 30/9/2023 passed by the Collector, Keonjhar under Sec. 26 of the Odisha Gram Panchayat Act is challenged in present writ petition.

(3.) The Petitioner is the elected Sarpanch of karakhendra Gram Panchayat. Opposite Party No.5 challenged his election to the Office of Sarpanch stating that he is the father of four children and therefore disqualifies to hold the Office of Sarpanch. The Collector proceeded an Location: High Court of Orissa, Cuttack enquiry and come to the finding that the Petitioner is disqualified from holding the post of Sarpanch for having his 4th child born after the cut- off date.