Disqualification under Section 25 (1) (I) of the Orissa Grama Panchayat Act arises only when there has been an adjudication of arrears and a notice of demand served upon the candidate remains unsatisfied.

R. N. MISRA, J.

( 1 ) PETITIONER and opposite parties 2 to 5 were candidates for election to the post of Sarpanch of the Kasaba Jaipur Grama Panchayat in the district of Balasore. Nomination papers were filed on 9th of March, 1975 and on the same day scrutiny thereof was taken up by the Election Officer. Opposite party No. 5 claimed at the time of scrutiny that petitioner was disqualified under Section 25 (1) (I) of the Orissa Grama Panchayat Act (hereafter referred to as the "act")as he being a member of the Khanta-pada Service Co-operative Society had failed to pay paddy loan of the year 1955 together with interest in spite of service of notice on him. The objection was upheld and petitioner's nomination paper was rejected. Petitioner has asked for writ of certiorari to quash the order of rejection of the nomination.

( 2 ) COUNTER affidavits have been filed on behalf of the Election Officer (opposite party No. 1) and by opposite party No. 2 justifying the rejection of the nomination paper on the basis that petitioner was disqualified under the provisions of Section 25 (1) (1) of the Act. It was claimed that relief by way of an election petition was available under the Act and since the fact as to whether petitioner was in arrears was in dispute, the matter should be left to be adjudicated on the basis of evidence in the prescribed forum.

( 3 ) MR. Misra for petitioner claimed that the factual dispute need not be examined as petitioner would succeed on the admitted position that there has been no adjudication in regard to the default. He placed reliance on three reported decisions of this Court in support of his claim.

( 4 ) WHEN this application came up before a Division Bench for hearing, for petitioner reliance was placed on the said three decisions wherein it has been held that in order to attract the disqualification under Section 25 (1) (1) of the act that arrears are due they must have been adjudicated by a competent forum and a notice of demand served upon the candidate following such adjudication must have remained unsatisfied after the time specified therein for payment has expired. Learned Government Advocate disputed the correctness of these decisions and claim ed that the matter should be examined by a larger bench on the basis that the meaning given to the words "accrued due" was contrary to binding authorities.

( 5 ) SECTION 25 (1) (I) of the Act provides;-- (1) A person shall be disqualified for being elected or nominated as a sarpanch or any other member of the Grama Panchayat constituted under this Act, if he-XX XX XX (1) being a member of a Co-operative Society, has failed to pay any arrears of any kind accrued due by him to such society before filing of the nomination paper in accordance with the provisions of this Act and the rules made thereunder: provided that in respect of such arrears a bill or a notice has been duly served upon him and the time, if any specified therein has expired;" this provision came to be construed by three Division Benches of this Court. In the case of Gobind y. Darsan, AIR 1970 On 15, the learned Chief Justice and R. N. Misra, J. , took the view that:

"in terms of the requirements of Section 25 (1) (1), the arrears must have accrued due in order that the disqualification may arise. The use of the word 'accrued' clearly goes to indicate that the legislature intended to provide that there must nave been a due on the basis of a determination. 'accrued' means, according to the dictionary, 'to arise or spring as a natural growth or result; coming as a natural accession or result; arising in due course'. It refers to 'the existence of a present enforceable right or 'fixed' or 'assessed and determined'. Tax accrues when all events have occurred which fix the amount of tax and determine the tax payer's liability to pay the tax. . The use of the word 'accrued in the aforesaid clause of the Gram Panchayat Act, therefore, clearly gives indication that the disqualification is contempl