Rasmita Kanhar Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Rasmita Kanhar Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to opposite party No.3 to consider the petitioner's application/grievance seeking disqualification of opposite party No.7 received in the meantime and dispose it of as per and in accordance with law, providing an opportunity of hearing to opposite party No.7, and to pass a final order at the earliest preferably within six weeks from the date of receipt of a copy of the order; a certified copy of the order to be issued as per rules.

Issue for consideration

Whether opposite party No.7 invites disqualification for having more than two children as on the cut-off date, so that the election of opposite party No.7 as Sarpanch of the concerned G.P. should be declared null and void in terms of Section 25(1)(v) of the Odisha Gram Panchayats Act, 1964.

Court's answer

The writ petition stands disposed of with a direction to opposite party No.3 to consider the grievance/application of the petitioner received in the meantime seeking disqualification of opposite party No.7 and dispose it of as per and in accordance with law, providing an opportunity of hearing to opposite party No.7, and to pass a final order at the earliest preferably within a period of six weeks from the date of receipt of a copy of the order.

Ratio / Principle

The direction is confined to any such application seeking disqualification of opposite party No.7 received in the meantime, and is to be followed by an order within a stipulated period.

Detailed headnote1 paragraphs

W.P. (C) No. 29601 of 2024 (High Court of Orissa at Cuttack), order dated 02.01.2025 by R.K. Pattanaik, J. — Petitioner Rasmita Kanhar sought a direction to opposite party No.4 to declare the election of opposite party No.7 as Sarpanch of the concerned G.P. null and void in terms of Section 25(1)(v) the Odisha Gram Panchayats Act, 1964, alleging that opposite party No.7 invites disqualification for having more than two children as on the cut-off date; her notices to the concerned authority (Annexure-3 series) had drawn no action. Without adjudicating the disqualification itself, the Court disposed of the writ petition with a direction to opposite party No.3 to consider the application received in the meantime seeking disqualification of opposite party No.7 and dispose it of as per and in accordance with law, providing an opportunity of hearing to opposite party No.7, and to pass a final order at the earliest preferably within six weeks from receipt of a copy of the order.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) No. 29601 of 2024

Rasmita Kanhar

…. P e titioner Mr. S.K.Lenka, Advocate & Associates

-Versus-

State of Odisha a nd Others

…. Opposit e parties Mr. Sah o o, AGA

COR A M: MR. J USTICE R.K. PATTANAIK

ORDER

02.01.2025

Order No.

1. Heard learned counsel for the petitioner and lear n ed AGA for the State.

Instant w rit petition is filed by the petitioner for a d irection to opposite par t y No.4 to declare election of opposite pa r ty No.7 as the Sarpanc h of concerned G.P. as null and void in terms of Section 25(1)(v ) the Odisha Gram Panchayats Act, 196 4 on the grounds stated.

Referri n g to Annexure-2 series, learned counsel for the petitioner wo u ld submit that opposite party No.7 invites disqualification f or having more than two children as on t h e cut-off date and the p etitioner has approached the concerned a uthority with notices as per Annexure-3 series, however, there has been no action taken on the same.

Record e d the submission of learned counsel for the State.

Consid e ring the grounds stated and submissions o f learned counsel for bot h the sides, the Court is inclined to direct opposite

party No.3 to c onsider such grievance of the petitioner, if in the meantime, the s ame has received with any such applicatio n seeking disqualification o f opposite party No.7 to be followed by a n order within a stipulat e d period.

6. Hence, it is ordered.

In the r esult, the writ petition stands disposed of with the direction as afo r esaid to be complied with by opposite pa r ty No.3, who shall consi d er the application received from the peti t ioner in the meantime and dispose it of as per and in accordance w ith law providing an o p portunity of hearing to opposite party No.7 and to pass a final or d er at the earliest preferably within a peri o d of six weeks from the date of receipt of a copy of this order.

8. A certified 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: 03-Jan-2025 11:08:07

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