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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Ashok Muthamajhi – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to disqualification order based on natural justice. (Para 1 , 2) |
| 2. opposite parties' defense of disqualification proceedings. (Para 3) |
| 3. court's analysis of procedures followed during hearings. (Para 4 , 7) |
| 4. arguments regarding right to confront evidence before disqualification. (Para 5 , 6) |
| 5. disqualification based on number of children as per statutory provisions. (Para 8 , 10) |
| 6. conclusion and dismissal of the writ petition. (Para 11 , 12) |
JUDGMENT :
1. Instant writ petition is filed by the petitioner challenging the impugned order dated 7th November, 2025 as at Annexure-4 disqualifying him as the Sarpanch of Marlang Gram Panchayat as illegal and in violation of principles of natural justice, hence, therefore to be quashed with a consequential direction to opposite party Nos. 2 and 3 to restore his position on the grounds inter alia that such exercise of jurisdiction in terms of Section 26 of Odisha Grama Panchayats Act, 1964 (hereinafter referred to as ‘the Act’) is not in accordance with law.
3. On the contrary, the opposite parties refuted the claim of the petitioner, filed the counter affidavit and pleaded therein that such a complaint was received
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....
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....
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....
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....
The main legal point established is the requirement for strict adherence to the principles of natural justice in conducting enquiries and the automatic disqualification for not holding necessary meet....
The main legal principle established in the judgment is that the State Election Commissioner must consider disqualification issues based on unimpeachable materials and relegate parties to a competent....
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