BRAJAKISHORE MOHAPATRA Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) Scope and ambit of Sec. 25(2)(d) of the Orissa Gram Panchayat Act, 1964 (the Act) falls for consideration in this petition under Art. 226 of the Constitution. The relevant provision is reproduced below for ready reference:-

(2.) Undisputed factual matrix is this: Petitioner Brajakishore Mohapatra was the elected Sarpanch of village Raghunathpur in the district of Mayurbhanj. He was also a member of one co-operative society from which he had taken loans. The Collector, Mayurbhanj, issued a show-cause notice dated 31-5-1994 to the petitioner alleging that he was a defaulter in the payment of dues of the co-operative society of which he was a member. The first default was in not paying a sum of Rs. 10,660.00 out of Rs. 16,000.00 and the second default related to a sum of Rs. 30,000.00 for recovery of which the co-operative society had filed proceedings before the Assistant Registrar of Cooperative Societies under Sec. 68 of the Orissa Co-operative Societies Act, which were pending. Upon receipt of the aforesaid notice, the petitioner made payment of Rs. 10,600.00 and filed reply to the show-cause notice stating therein that no case for taking action under Sec. 25(2)(d) of the Act existed. The Collector has passed an order of disqualification against the petitioner and aggrieved thereby this petition has been filed.

(3.) Mr. Deepak Misra, learned counsel for the petitioner, has raised two points before us:-