In a writ petition challenging the disqualification of an elected Sarpanch on caste-related grounds by the Collector, the court held that caste cannot be inquired into under Section 26 of the Gram Panchayat Act and such petitions must be filed under Section 30. The petition was dismissed.
The writ petition to disqualify the elected Sarpanch is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Signature Not Verified
IN THE HIGH COURT OF ORISSA AT CUTTACK
Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cutt ack W.P.(C) No.2851 of 2024 Date: 08-Aug-2024 18:15:52
Kabitga Pan …. Petitioner Mr.A.K.Mohanty, Advocate
-versus-
State of Odisha and others
…. Opposite Parties Mr.A.Mishra, Advocate for O.P.No.5 Mr.S.Ghose, AGA
CORAM: JUSTICE B. P. ROUTRAY
ORDER
7.8.2024
Order No.
Page 1 of 2
Signature Not Verifiedcaste certificate granted by the Tahasildar is not based on genuine
Signature Not Verifiedcaste certificate granted by the Tahasildar is not based on genuine Digitally Signed Signed by: CHITTA RANJAN BISWALfacts. It is understood from the submission of the Petitioner that she Reason: Authentication Location: Orissa High Court, Cutt ack Date: 08-Aug-2024 18:15:52neve r q uestioned the genuineness of the caste certificate, either fraud
or fraudulent, but she questioned the basis of determination of caste of Opposite Party No.5 as “Domb”. It is also admitted at the Bar that present Petitioner is one of the contested candidates in the election along with Opposite Party No.5 for the office of Sarpanch and she lost in the election.
( B.P. Routray)
Judge
C.R.Biswal
Page 2 of 2
2 issues framed by the court
Whether a Collector has jurisdiction to entertain a petition under Section 26 of the Gram Panchayat Act to disqualify an elected Sarpanch filed by a defeated candidate.
Whether caste of a person can be inquired into or determined in a petition filed under Section 26 of the Gram Panchayat Act.
2 provisions across 1 enactments
Kabitga Pan
State of Odisha
Opposite Party No.5
B. P. Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
