JUDGMENT :

Dr. A.K.RATH, J. - Cleavage of decisions on the interpretation of Section 26 of the Orissa Grama Panchayats Act, 1964, in the cases of Chandrakanti Bhoi v. The Collector, Bolangir and another, 2007 (Supp.-I) OLR 400 and Smt. Mithila Seth v. The Collector, Bolangir, 2011 (Supp.-II) OLR 594, necessitated the learned Single Judge to refer the matter to the Full Bench.

2. The following question of law has been referred for our decision.

"Whether a proceeding under Section 26 of the Orissa Grama Panchayats Act is maintainable on the basis of application filed by any person, who is not a Sarpanch, Naib Sarpanch or a member of the Grama Panchayat."

3. Section 26 of the Orissa Grama Panchayats Act, 1964 (hereinafter referred to as "the Act") is quoted hereunder:

"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.

(