RAGHUNATH SAHOO Vs. COLLECTOR AND DISTRICT

JUDGEMENT

(1.) THE petitioner is the elected Sarpanch of Salabana Grama Panchayat in the district of Keonjhar. His election has been assailed before the Civil Judge (JD), Anandapur in Election CMA No. 8 of 2007 which is subjudice. He is aggrieved by the fact that during pendency of the said election dispute, the Collector, Keonjhar has initiated a proceeding under Section 26 of the Orissa Grama Panchayat Act and has issued a notice to him vide Annexure -4 to show cause as to why he should not be declared disqualified to hold the post of Sarpanch. According to him such action amounts to double jeopardy and he is being subjected to unnecessary harassment. Therefore he has prayed to quash the said notice Annexure -4.

(2.) OPPOSITE parties 4 to 9 have entered appearance and have filed a counter -affidavit and so also opposite party No. 3. According to them there is no bar for initiating a proceeding under Section 26 of the G.P. Act during pendency of the election dispute initiated under Section 30 of the Act. Both the proceedings can simultaneously be initiated as the provisions of the aforesaid two Sections are distinctly separate.

(3.) THUS the Legislature in its wisdom has provided two forums to declare an elected Sarpanch or Naib -Sarpanch or Member of a Grama Panchayat disqualified to continue as such. The enquiry to be conducted under Section 26 by the Collector, though is in the nature of quasi -judicial enquiry and of summary nature, an election dispute raised under Section 30 of the Act is in the nature of a suit, inasmuch as the provisions of the Code of Civil Procedure and the Evidence Act are applicable to the said dispute. The basic difference between Section 30 and Section 26 is that an election petition under Section 30 can be filed by any candidate who need not be a Member of the Grama Panchayat concerned, while an application under Section 26 can be filed by a Member or Naib -Sarpanch or Sarpanch who is in doubt about his/or incurring disqualification. The Sarpanch of a Grama Panchayat at the request of the Grama Panchayat can also apply for such declaration.