Ashok Muthamajhi vs State Of Odisha And Others .... Opposite ... on 28 November, 2025

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Orissa High Court

Ashok Muthamajhi vs State Of Odisha And Others .... Opposite ... on 28 November, 2025

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 W.P. (C) No.33974 of 2025

            Ashok Muthamajhi                       ....            Petitioner

                                                  Mr. M.K.Chand, Advocate

                                       -Versus-

            State of Odisha and others             ....      Opposite parties

                                                        Mr. P.K.Sahoo, ASC

                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK

                                      ORDER

28.11.2024 Order No.

01. 1. Heard Mr. Chand, learned counsel for the petitioner.

2. Instant writ petition is filed by the petitioner challenging the impugned order at Annexure-4, whereby, he has been declared disqualified in terms of Section 25(1)(v) of the Odisha Grama Panchayats Act, 1964 (hereinafter referred to as 'the Act') for having more than two children born after the cut- off date on the grounds inter alia that no reasonable opportunity of hearing has been provided to him. Referring to the notices as at Annexures-2 & 3, Mr. Chand, learned counsel for the petitioner would further submit that the proceeding was fixed to 24th October, 2025 but thereafter, without a proper hearing, opposite party No.2 passed the impugned order on 7th Page 1 of 3 November, 2025 vide Annexure-4 declaring the petitioner to be disqualified on such ground.

3. To consider and appreciate the plea of the petitioner, the Court is inclined to call for the record from the establishment of the Collectorate, Kandhamal-Phulbani, namely, opposite party No.2. State is also directed to respond to the above plea. An extra copy of the writ petition with annexures is requested to be served on the State in course of the day. Mr. Sahoo, learned ASC for the State is to ensure that the concerned file/record is received in time before the next date fixed for hearing and also be ready with a reply.

4. List on 17th December, 2025 for final orders.

(R.K. Pattanaik) Judge I.A. No.20950 of 2025

02. 1. Heard Mr. Chand, learned counsel for the petitioner and Mr. Sahoo, learned ASC for the State.

2. Instant petition is filed for interim orders.

3. Mr. Chand, learned counsel for the petitioner submits that the petitioner is still continuing as the Sarpanch of the GP as on the date.

Page 2 of 3

4. Pending response of the State, this Court directs that there shall be stay operation of Annexure-4 unless the disqualification has been followed a notification in terms of Section 26(3) of the Act.

5. List on the date fixed.

6. Urgent copy of this order be issued as per rules.

(R.K. Pattanaik) Judge Kabita Signature Not Verified Digitally Signed Signed by: KABITARANI MAJHI Reason: Authentication Location: OHC, Cuttack Date: 29-Nov-2025 18:03:36 Page 3 of 3

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