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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Mitali Mishra – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge against disqualification procedures (Para 1 , 2) |
| 2. counter affidavit supporting disqualification (Para 3 , 4) |
| 3. court’s validation of due process followed (Para 5 , 11 , 12 , 13 , 15 , 17) |
| 4. allegations of procedural impropriety (Para 6) |
| 5. defense of disqualification by the state (Para 7 , 8) |
| 6. failure to provide substantial rebuttal (Para 10 , 14 , 16) |
| 7. dismissal of the writ petition (Para 18) |
JUDGMENT :
1. Instant writ petition is filed by the petitioner challenging the impugned order dated 21st February, 2025 as at Annexure-1 passed in connection with a proceeding initiated under Section 26 of the Odisha Grama Panchayats Act, 1964 (hereinafter referred to as ‘the Act’) by opposite party No.2 declaring the same as illegal, arbitrary and without authority and to allow her to work as Sarpanch of Amankuda Grama Panchayat (GP) and also the order dated 10th March, 2025 vide Annexure-29 of opposite party No.4 on the grounds inter alia that such an action is not legally tenable, hence, liable to be interfered with and set at naught in the interest of justice.
2.1. In that connection, a show cause notice dated 21st August, 2024 as at Annexure-3 was issued to th
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....
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....
Section 14 (1)(g) of the Maharashtra Village Panchayats Act, 1958 aims to disqualify a Sarpanch who misuses their position by misappropriating public money through contracts awarded to relatives.
Point of law: Section 30 of the Gujarat Panchayats Act in light of the present undisputed facts which are stated herein above is giving an impression that the some undue favour appears to have been g....
Disqualification under Section 16(1)(i) requires a clear interest or share in work done by the Zilla Parishad, and the authority must hear objections before making a decision.
Disqualification for Sarpanch under the Odisha Grama Panchayats Act necessitates both the ability to read and write Odia and compliance with child birth cut-off dates; subjective assessments are esse....
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....
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