AHALYA MANGARAJ Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. Lalitencea Mishra, learned Counsel for the petitioner and learned Additional Government Advocate.

(2.) PERUSED the record produced by the learned Additional Government -Advocate.

(3.) AT the outset, it is necessary to peruse the relevant provisions under Sections 25 and 26 of the Orissa Gram Panchayat Act, which are quoted hereunder: Disqualification for membership of Grama Panchayat (1) a person shall be disqualified for being elected or nominated as a Sarpanch constituted under this Act, if he xxx xxx xxx xxx(v) has more than two children Provided that the disqualification under Clause (v) shall not apply to any person who has more than two children on the date of commencement of the Orissa Grama Panchayats (Amendment) Act, 1994 or, as the case may be, within a period of one year of such commencement, unless he begets an additional child after the said period of one year.26. Procedure of giving effect to disqualifications - (1) Whenever it is alleged that any Sarpanch or Naib -Sarpanch or any other member is or has become disqualified or whenever any such person is himself in doubt whether or not he is or has become so disqualified such person or any other member may, and the Sarpanch at the request of the Grama Panchayat shall, apply to the Collector for a decision on the allegation of doubt. (2) The Collector may suo motuor on receipt of an application under Sub -Section (1), make such enquiry as he considers necessary and after giving the person whose disqualification is in question an opportunity of being heard, determine whether or not such person is or has become disqualified and make an order in that behalf which shall be final and conclusive. (3) Whether the Collector decides that the Sarpanch, Naib -Sarpanch or any other member is or has become disqualified such decision shall be forthwith published by him on his notice -board and with effect from the date of such publication the Sarpanch, Naib Sarpanch or such other member, as the case may be, shall be deemed to have vacated office, and till the date of such publication he shall be entitled to act as if he was not disqualified. The Clause V of Sub -section (1) of Section 25 was earlier in Orissa Gazette Extraordinary No. 426 dated 18.4.934 and substituted thereafter in Notification No.6139 -I_egis dated 18.4.1994 with effect from date of notification.