JUDGMENT

S.K. Mishra, J. - 'Whether Collector of a district has jurisdiction under Section 26 (2) of the Odisha Grama Panchayat Act, 1964 to decide the question of disqualification of a returned candidate for not having the requisite qualification under Section 11(a)(i) of the aforesaid Act for not having attained the minimum age of 21 years for the post of Sarpanch of a Grama Panchayat.'

2. The above question arose in this intra-Court appeal. The appellant, being the petitioner before the Collector, Nuapada assails the correctness of order dated 09.04.2019 passed by the learned Single Judge in W.P.(C) No.2924 of 2019, wherein he set aside the order passed by the learned Collector, Nuapada in exercise of jurisdiction under Section 26, read with Section 11 (a)(i) of the Odisha Grama Panchayat Act, 1964, hereinafter referred to as 'Act' for brevity.

The respondent no.3 was elected as a Sarpanch of Saliha Grama Panchayat of Nuapada block on 27.02.2017. A petition under Section 26 of the Act was filed by the appellant and others on the ground that nomination of the respondent no.3 was accepted illegally as she has not attained the age of 21 years on the date of filing of the nomination an