IN THE HIGH COURT OF ORISSA AT CUTTACK

AFR

W.P.(C) No.27047 of 2024

Jamunabai Sahu @ Jamuna …. Petitioner

Sahu

Mr. Sudeep Kumar Sarangi, Senior Advocate

-

-Versus

State of Odisha & others …. Opposite Parties

Mr. Prabir Kumar Ray, AGA

Mr. Samir Kumar Mishra, Senior Advocate for O.P. No.5

CORAM:

JUSTICE R.K. PATTANAIK

DATE OF HEARING: 26.08.2025

DATE OF JUDGMENT:29.11.2025

1. Instant writ petition is filed by the petitioner assailing the impugned order as at Annexure-6 of opposite party No.2 with a further direction to the said authority not to disengage him from the post of Sarpanch, Bharuamunda Gram Panchayat on the grounds inter alia that such decision is legally untenable and therefore, the same liable to be interfered with in the

interest of justice.

2. According to the petitioner, opposite party No.5 moved an application under Section 26 of the Odisha Grama Panchayats Act, 1964 (hereinafter referred to ‘the Act’) registered as Misc. Case No.18 of 2022 alleging therein disqualification of the petitioner under Section 25(1)(v) thereof and the same was allowed by opposite party No.2

solely on the basis of the allegations received from him without affording any opportunity to either to examine the documents filed or to cross-examine the witnesses, hence, such an action declaring disqualification is bad in law and contrary to the principles of natural justice.

3. The petitioner was elected as the Sarpanch of the concerned Gram Panchayat in the year 2022 and took charge of the office after being declared as such vide notification No.1985 dated 2^nd March, 2022. By alleging that the petitioner is having more than two children born after the cut- off date, opposite party No.5 challenged her election on the ground that she stands disqualified under Section 25(1)(v) of the Act with the claim that three of her children were born on 25^th November, 2009, 10^th September, 2011 and 19^th August, 2013 with the third child being given in an adoption to one Ruplal Sahu and Bedika Bai Sahu.

4. According to the petitioner, the application filed by opposite party No.5 is on the basis of information received through RTI Act and that apart, while the matter was fixed for hearing, the petitioner had requested an adjournment on 23^rd March, 2023 and to recall Block Development Officer, Medical Officer and Anganwadi Worker for their cross- examination in the proceeding. Furthermore, it is claimed adjournment was also sought for on the ground that the counsel to appear for the petitioner had undergone eye operation, however, such request was not entertained and thereafter, opposite party No.2 proceeded further without affording any opportunity for him to cross-examine the witnesses, allowed the application of opposite party No.5 and set aside her election by order dated 29^th March, 2023 communicated on 3^rd July, 2023 vide Annexure-1.

5. The above order was challenged by the petitioner in W.P.(C) No.21575 of 2023, whereafter, the order of disqualification was set aside by this Court on 12^th March, 2024 while disposing of W.P.(C) No.21575 of 2023 vide Annexure-2 and remitted the matter back with a direction to opposite party No.2 to rehear the same providing an opportunity of hearing to the petitioner allowing her to file show cause fixing a time line of six months to conclude the proceeding.

6. In course of hearing, opposite party No.2 called for a report from the Registrar of Birth and Death-cum-Medical Superintendent, CHC, Khariar Road, Nuapada received as per Annexure-6 stating therein that the petitioner is having two children. It is claimed that petitioner’s husband had also served as the Sarpanch of the Gram Panchayat previously for a tenure of five years between 10^th March, 2017 and 10^th March, 2022 and in that regard, a certificate issued by the concerned BDO at Annexure-4 has been referred to. Besides that, another certificate at Annexure-5 series issued by the Registrar of Birth and Death provided under the RTI Act in favour of the petitioner showing her having tw