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IN THE HIGH COURT OF ORISSA AT CUTTACK
BISWANATH RATH
Bholeswari Das – Appellant
Versus
Collector & District Magistrate, Nuapada – Respondent
| Table of Content |
|---|
| 1. writ petition background and electoral process details (Para 1 , 2) |
| 2. arguments on the grounds of disqualification (Para 3 , 4 , 5 , 6 , 8) |
| 3. court's analysis on evidence standards (Para 10 , 11 , 12 , 13) |
| 4. decision on collector's jurisdiction and power (Para 15 , 16 , 17) |
| 5. outcome of the appeal and restoration of position (Para 18 , 19) |
JUDGMENT :
1. This is a Writ Petition at the instance of the returned candidate, Petitioner herein, for the post of Sarapanch of Sunari Sikuan Gram Panchayat in challenge to the impugned order at Annexure-12 passed by the Collector & District Magistrate, Nuapada in exercise of power under Section 26 of the ORISSA GRAM PANCHAYAT ACT , 1964 (herein after called, O.G.P. Act) in allowing the Section 26 Application at the instance of the unsuccessful candidate, O.P.2 herein seeking declaring the returned candidate to be disqualified to hold the post of Sarapanch.
3. The Petitioner assailed the impugned order on the following grounds :-
9.B. It is settled position of law that while deciding the age of person to contest a particular election in an election dispute the details as mentioned in the voter identity card holds more evidenti
Voter identity card holds greater evidentiary value than school admission records in election disputes regarding age qualification for candidacy.
The main legal point established in the judgment is that the Collector has the jurisdiction under Section 26(2) of the Odisha Grama Panchayat Act, 1964 to decide the disqualification of a candidate f....
Failure to disclose accurate age disqualifies election candidates under Section 43-AA(b) of the Uttar Pradesh Municipalities Act, establishing the importance of truthful declarations and burden of pr....
Matriculation certificates are authoritative for age determination in election matters, unless contradicted by unimpeachable evidence.
Election candidates must provide authentic documentation. Discrepancies in age and qualifications may lead to disqualification.
The court upheld the disqualification of a Sarpanch candidate for having children after the statutory cut-off date, emphasizing the primacy of official records over private documents in determining e....
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....
The court upheld the disqualification of a panchayat member for having children beyond the legal limit, highlighting the evidential burden to demonstrate non-disqualification rests with the elected o....
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