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ORISSA HIGH COURT
MAHESWAR JENA – Appellant
Versus
MADHUSUDAN DALAI – Respondent
| Table of Content |
|---|
| 1. challenge to disqualification based on child count. (Para 1) |
| 2. appellant asserts right under protective proviso. (Para 2) |
| 3. court emphasizes importance of population control laws. (Para 3) |
| 4. urgency of addressing overpopulation through policy reform. (Para 4 , 5) |
JUDGMENT :
KRISHNA S. DIXIT, J.
Appellant's membership of Grama Panchayat having been terminated on the ground of disqualification because of having more than two children, as provided under Section 25(1)(v) of the Odisha Grama Panchayats Act, 1964, is in question and his challenge to the same having been negatived, this intra-court Appeal is presented against a learned Single Judge's order dated 05.12.2025, whereby his WP(C) Nos.31617 & 32188 of 2024 have been dismissed.
2. Learned counsel for the Appellant vehemently argues that his client is entitled to protection under the Proviso to Clause (v) of Sub-Section (1) of Section 25 of the 1964 Act and this aspect having not been duly considered, there is error apparent on the face of the record warranting interference of this Court. Learned AGA appearing for the State and learned Advocates appearing for the private parties on caveat vociferously resist the ap
The court ruled that the protective Proviso to disqualification under the Odisha Grama Panchayats Act does not apply to individuals who have more than two children after the amendment's enactment. Th....
Disqualification for Grama Panchayat membership is enforceable based on having more than two children, with the protective Proviso applying only under specific conditions not met by the appellant.
Bifurcation of Grama Panchayats requires judicial discretion and is not solely based on population; the 'reasonably practicable' standard allows for executive interpretation and policy-making that co....
Point of law: The challenge to the constitutional validity of Section 175 (1)(q) and Section 177 (1) must fail. The right to contest an election for any office in Panchayat is neither fundamental nor....
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 quantum of reservation ought to be local bodies specific and be so provisioned to ensure that it does not exceed the quantitative limit of 50 per cent (aggregate) of vertical reservation of seats....
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....
(1) Reservation for OBCs is only a “statutory” dispensation to be provided by State legislations unlike “constitutional” reservation regarding SCs/STs which is linked to proportion of population.(2) ....
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,....
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