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Orissa High Court

Somanath Pradhan vs Collector on 19 March, 2026

Author: V. Narasingh

Bench: V. Narasingh

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                          W.P.(C) No. 8403 of 2026

                Somanath Pradhan                   ....               Petitioner
                                            Mr. R.K. Pattanaik, Advocate

                                           -versus-

                1. Collector,
                   Kandhamal at
                   Phulabani
                2. District Panchayat
                   Officer, Kandhamal,
                   Phulabani
                3. Block Development
                   Officer, Kotagarh,
                   Kandhamal                       ....      Opposite Parties
                4. Mita Palatasingh
                                                           Mr. P.K. Ray, AGA
                              CORAM: JUSTICE V. NARASINGH
                                        ORDER

19.03.2026 Order No.

01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. Assailing the notice dated 23.02.2026 at Annexure-2 directing to submit a show cause, inter alia, on the ground that the Petitioner, who is Sarpanch of Subarnagiri Grama Panchayat under Kotagarh Block, has incurred the disqualification under Section 25(1)(v)1 of the Odisha Grama 1

25. Disqualification for membership of Grama Panchayat :- (1) A person shall be disqualified for being elected or nominated as, a Sarpanch or any other member of the Grama Panchayat constituted under this Act, if he-

(i) to (iv) xxx xxx xxx

(v) has more than two Children:

Panchayats Act, 1964 for allegedly having more than two children by the cut-off date, the present writ petition has been filed.

3. It is the grievance of the Petitioner that though the hearing in terms of Section 26(2)2 Odisha Grama Panchayats Act, 1964 has been fixed to 20.03.2026 (tomorrow), the basis of accusation has not been provided to the Petitioner. Hence, the present writ petition seeking the following relief;

"It is, therefore, prayed that your Lordship would be graciously pleased to issue a Rule Nisi in the nature of Mandamus directing the Opp. Parties to showcause as to why:

(i) The Collector, Kandhamal, O.P No-1 would not supply the information and documents, filed by O.P No-4 within a specified period to the Petitioner under Annexure-3 enabling him to reply,

(ii) Petitioner will not be allowed time to file his showcause till receipt of the documents/ information as applied under Annexure-3.

If the Opposite Parties will fail to show cause or show insufficient or false cause made Provided that the disqualification under Clause (v) shall not apply to any person who has more than two Children on the date of commencement of the Orissa Grama Panchayats (Amendment) Act, 1994 or, as the case may be, within a period of one year of such commencement, unless he begets an additional child after the said period of one year."

26. Procedure of giving effect to disqualification :-(1) xxx xxx xxx (2) The Collector may suo motu or on receipt of an application under Sub- Section (1), make such enquiry as he considers necessary and after giving the person whose disqualification is in question is or has become disqualified and make an order in that behalf which shall be final and conclusive.

the said Rule Nisi absolute and allow the writ petition.

xxx xxx xxx"

4. Per contra, learned counsel for the State submits, referring to the provisions as contained in Section 26(2)2 Odisha Grama Panchayats Act, 1964, that since opportunity of being heard is inherent in the said provision, the apprehension of the Petitioner that a unilateral decision shall be taken without giving him adequate opportunity is misconceived.

5. It is apt to note that in the meanwhile the Petitioner has preferred a representation on 13.03.2026 ventilating his grievance.

6. On considering the rival submissions, this Court is persuaded to direct that interest of justice would be subserved, if, on Petitioner's appearance before the Collector on 20.03.2026 in terms of the notice at Annexure-2 dated 23.02.2026, the materials on the basis of which the Collector is proposing to exercise under Section 26(2)2 of Odisha Grama Panchayats Act, 1964 shall be provided to the Petitioner and he shall be given atleast two weeks' time to respond to the same and a date shall be fixed preferably after two weeks of submission of reply/show cause, if any, for taking up the motion in accordance with Section 26(2)2 of the Odisha Grama Panchayats Act, 1964.

7. Accordingly, the Writ Petition stands disposed of.

8. UCC in course of the day.

(V. Narasingh) Judge Santoshi Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Mar-2026 18:53:36 Page 4 of 4