JUDGMENT

A. S. NAIDU, J. — The petitioner is the elected Sarpanch of Salabana Grama Panchayat in the district of Keonjhar. His elec¬tion 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 proceed¬ings can simultaneously be initiated as the provisions of the aforesaid two Sections are distinctly separate.

3. This Court heard learned counsel for the