Banamali Pande vs State of Orissa and Others

Sujit Barman Roy, C.J.—Heard Learned Counsel for the petitioner and the Learned Additional Government Advocate.

In this Writ Petition the petitioner challenges the order dated 23.7.2004 in Annexure-2 issued by the Collector, Bolangir. By the impugned order, the Collector in exercise of powers conferred upon him u/s 26 of the Orissa Grama Panchayats Act, 1964 disqualified the petitioner to be Sarpanch for having more than two children after 22.4.1994. The order was passed with immediate effect.

Before passing the impugned order, the Collector by order dated 24.6.2004 intimated the petitioner that the petitioner has more than two children after 22.4.1995 and this fact was disclosed in the enquiry report of the Sub-Collector, Bolangir and so he was disqualified under the provisions of Section 25 of the said Act, Accordingly, the petitioner was called upon to submit and satisfactory explanation within 15 days from the date of receipt of notice. He was also given option to put up his defence being present in the Court of the Collector on 8.7.2004 at 10.30 A.M. However, it appears that for issuance of the order of disqualification, the Collector acted upon the enquiry report of the Sub-Collector, Bolangir where from it is revealed that the petitioner was blessed with more than two children after 22.4.1994 and as such he was disqualified to continue as Sarpanch of Lukapada Grama Panchayat. Copy of the said enquiry report was never furnished with the petitioner and therefore it appears that the petitioner did not submit appropriate reply to the show-cause notice. Under the circumstances, we are satisfied that by not furnishing the petitioner with a copy of the enquiry report of the Sub-Collector, Bolangir along with show-cause notice, the Collector has proceeded in the matter in violation of principles of natural justice. That being so, we are of the view that the impugned order of disqualification in Annexure-2 cannot be sustained.

Accordingly, we quash the impugned order of disqualification in Annexure-2 issued by the Collector, Bolangir. However, it shall be open to the Collector, Bolangir to issue fresh notice along with copy of the said report and upon hearing the petitioner and after taking into consideration reply to the show cause notice if at all the petitioner chooses to file, the same shall be disposed of by giving decision afresh in terms of the provisions of law on the question of disqualification.

With the aforesaid observation and direction, the Writ Application is disposed of.

Urgent certified copy of the order be granted on proper application.

L. Mohapatra, J.

I agree.