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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Mamata Manjari Sethi – Appellant
Versus
Collector, Kendrapara – Respondent
| Table of Content |
|---|
| 1. petitioners contest validity of disqualification. (Para 1 , 2) |
| 2. procedural irregularities leading to unfair disqualification. (Para 3 , 4 , 5) |
| 3. allegation of tampering and proper adherence to procedural fairness. (Para 6 , 10) |
| 4. need for thorough inquiry in disqualification hearings. (Para 8 , 12) |
| 5. failure to comply with principles of natural justice. (Para 14 , 16) |
| 6. significance of strict procedural compliance in disqualification. (Para 20 , 21) |
| 7. writ petition allowed; disqualification order set aside. (Para 22 , 23) |
JUDGMENT :
R.K. Pattanaik, J.
1. Instant writ petition is filed by the petitioners assailing the impugned decision of opposite party No.1 as at Annexure-10 by order dated 27th January, 2025 in G.P. Appeal No.4 of 2024 on the grounds inter alia that the same is not legally tenable and hence, is liable to be interfered with and set at naught on the grounds inter alia that the principles of natural justice have not been followed.
2. The petitioners are the elected Ward Members of Belpal GP under Rajnagar Panchayat Samiti in the district of Kendrapara and have questioned the action and decision of opposite party No.1 in entertaining the application un
Natural justice requires that elected members are given a proper opportunity to defend themselves in disqualification proceedings, and evidence must be thoroughly examined before declaring disqualifi....
A Sarpanch can be disqualified under Section 25(1)(v) of the Odisha Grama Panchayats Act for having more than two children after the cut-off date, provided adequate opportunity for hearing was given,....
The court upheld the disqualification of an elected ward member for having more than two children born after the cut-off date, concluding that due process was followed in the disqualification proceed....
Decisions impacting rights of elected representatives must adhere to natural justice, including providing notice and opportunity for hearing.
The court affirmed the validity of a no confidence motion against a Sarpanch despite claims of procedural impropriety, ruling that the absence of quorum due to Ward Members' non-attendance justified ....
Disqualification of a Sarpanch under the Odisha Grama Panchayats Act for holding a contractor license implicates procedural compliance with provisions concerning natural justice and the right to resp....
Disqualification of a Panchayati Raj member requires adherence to prescribed inquiry procedures; failing which, actions are illegal and contravene principles of natural justice.
The availability of alternative remedy does not bar the exercise of writ jurisdiction when there is a violation of natural justice or when the decision-making process is without jurisdiction.
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