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HIGH COURT OF ORISSA : CUTTACK
D.DASH
Subenti @ Subantray Pradhan – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner disqualified due to children count. (Para 1 , 2 , 3) |
| 2. district judge's finding on child birth date. (Para 4) |
| 3. scope of interference in disqualification cases. (Para 5 , 6) |
| 4. petitioner's evidence challenged by opposite party. (Para 7) |
| 5. no perversity in the district judge's findings. (Para 8 , 9 , 10) |
| 6. writ application dismissed. (Para 11) |
ORDER :
1. The petitioner, by filing this writ application, has assailed an order dated 01.10.2019 passed by the learned District Judge, Kandhamal, Phulbani in Election Petition No.02 of 2017.
2. The opposite party no.5, a sitting member of Daringibadi Panchayat Samiti, by filing an application before the learned District Judge, as provided under section 45-B of the PS Act, has sought for a declaration that this petitioner, the Chairperson of said Panchayat Samiti is disqualified on the ground that she has more than two children after the cut off date coming within the mischief of Clause (v) read with the proviso thereto under sub-section (1) of section 45 of the PS Act.
3. The allegation has been made by the opposite party no.5 that the petitioner is disqualified to be a member of the Panchayat Samiti as per clause (
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