The court emphasized the importance of maintaining the purity and sanctity of the election process and the need to uphold qualifications and disqualifications as prescribed by the statute.

JUDGMENT :

D. Dash, J.

1. The petitioner, by filing this writ application, seeks to assail an order dated 31.12.2019 passed by the Collector and District Magistrate, Nabarangpurin R.M.C. (GP) Case No. 6 of 2017 in an enquiry held by him under section 26 of the Odisha Grama Panchayat Act, 1964 (hereinafter, referred to as 'the OGP Act') in holding the petitioner, the elected Sarpanch of Kanakote Grama Panchayat as disqualified under clause (v) read with the proviso under sub-section (1) of section 25 of the OGP Act.

2. The opposite party No. 6 had submitted a petition before the Collector that this petitioner has begotten third child after the cut off date and, therefore, is disqualified to hold the Office of Sarpanch. He has also stated that when on 17.01.2017, this petitioner had filed his nomination, he had raised the objection to the same praying for its rejection on the ground of his disqualification having begotten the third child after the cut off date, i.e. 18.04.1994 which had been illegally turned down.

3. The Collector, on receipt of the above petition, had issued the notice to the petitioner and after hearing and on going through the documents, as have been referred to in the order, has held that the petitioner is disqualified to hold the Office of Sarpanch of Kanakote Grama Panchayat as his third child has been born on 22.04.1994 making him disqualified under Clause (v) read with the proviso under sub-section (1) of section 25 of the OGP Act

4. Section 26 of the OGP Act reads as under:

"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.

(2) The Collector may suo motu or on receipt of an application under Sub-section (1), make such enquiry as he considers necessary and after giving the person whose disqualification is in question an opportunity of being heard, determine whether or not such person is or has become disqualified and make an order in that behalf which shall be final and conclusive.

(3) Where the Collector decides that the Sarpanch, Naib Sarpanch or any other member is or has become disqualified such decision shall be forthwith published by him on his notice-board and with effect from the date of such publication the Sarpanch, Naib-Sarpanch or such other member, as the case may be, shall be deemed to have vacated office, and till the date of such publication he shall be entitled to act, as if he was not disqualified."

On a plain reading of the aforesaid provision, it reveals that the same has no concern with declaring the election void or as to improper acceptance of nomination or granting any consequential declaration as to who has been duly elected. It enables the Collector in rendering a decision on the question of disqualification of a member of the Grama Panchayat on receiving an allegation that he is or has become disqualified and he can also suo motu make such enquiry in that direction as he considers necessary and after giving the person whose disqualification is in question, an opportunity of being heard, determine whether or not such person is or has become disqualified and then make an order in that behalf which shall be final and conclusive.

5. It has been held by the Full Bench of this Court in the case of Debaki Jani V. The Collector and another, 2014 (I) OLR (FB) 867 that:-

"9. While under sub-section (1) of Section 26 of the Act, the categories of persons enumerated therein apply to the Collector for a decision on the allegation or doubt whether or not he is or has become so disqualified; under sub-section (2) the Collector may suo motu or on receipt of an application under sub-section (1), make an enquiry as he considers neces