PABANI GAJENDRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner was elected as Ward Member of Ward No. 7 in Baku Grama Panchayat under Kanas Block defeating the opp. party No. 3. After formation of the Grama Panchayat, the petitioner was elected as Naib Sarpanch of the said Grama Panchayat by the Ward Members. While the petitioner was discharging her duties as Naib Sarpanch. the opp. party No. 3 made a representation to the Collector, Puri -opp. party No. 2 herein, inter alia, alleging that the petitioner having more than two children was disqualified under Section 25(1)(v) of the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as 'the Act') from being elected as the Ward Member. When the said representation was pending before the Collector, the opp. party No. 3 filed W.P.(C) No. 5183 of 2002 and by order dated 16.12.2003 this Court disposed of the said writ application directing the Collector, Puri to consider the said representation if it is pending, after giving opportunity of hearing to all concerned and dispose of the same by the end of February, 2003. The case of the petitioner is that after the above order, was passed by this Court, the Collector, Puri without following the procedure as laid down under the Act and without giving due opportunity to the petitioner by his order dated 15.3.2004 has declared the petitioner disqualified by exercising power purported to be under Section 26 of the Act and thereafter published the said order in the notice board.

(2.) BY order dated 21.5.2004 passed in Misc. Case No. 5444 of 2004 in the present writ application, it was directed that as an interim measure the petitioner shall not be terminated till the next date if not already done in the meantime. It appears that the said order was continued from time to time but the petitioner was removed from the post of Naib Sarpanch prior to the passing of the said order.

(3.) MR . S. P. Mishra, learned counsel for the opp. party No. 3 submitted that the order of the Collector impugned in this writ application is not liable to be interfered with as it is evident from the said order that the Collector conducted a discreet enquiry with regard to the allegation made by the opp. party No. 3 against the petitioner and after receiving the reports from the District Inspector of Schools, Puri, District Inspector of Schools, Khurda, D.P.O., Puri and Revenue Inspector, Garabarapada and taking the said reports into consideration has categorically found that the petitioner had more than two children on the stipulated date and, as such, she was disqualified for being elected.