Disposed¶26

Mira Kumar v. Collector and District Magistrate, Kalahandi

Orissa HC10 Mar 2026WP(C)/6361/2026

Case brief

AI extract

What is this about?

W.P.(C) No.6361 of 2026; Orissa High Court, Cuttack; Justice V. Narasingh; decided 10.03.2026; Gram Panchayat election petition disqualification; Section 26(2), Orissa Grama Panchayat Acts, 1964; three children disqualification; Ward Member, Utkela Gram Panchayat, Kesinga Panchayat Samiti, Kalahandi; Collector and District Magistrate Kalahandi order dated 12.12.2025; second writ petition after remand from W.P.(C) No.13745 of 2025 (order dated 16.05.2025); petitioner filed no counter reply; no infirmity found; writ petition disposed of.

What did the court decide?

On considering the impugned order and the materials on record, this Court finds no infirmity in the impugned disqualification order so as to warrant interference in exercise of its plenary powers. ¶24

Mira Kumar Vs Collector and District Magistrate, Kalahandi — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

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Issue for consideration

Whether the impugned order dated 12.12.2025 of Opposite Party No.1 disqualifying the Petitioner as Ward Member under Section 26(2) of the Orissa Grama Panchayat Acts, 1964 on account of having three children suffers from any infirmity warranting interference by this Court, particularly where the Petitioner furnished no counter or supporting documents despite the earlier remand direction.

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Court's answer

On considering the impugned order and the materials on record, this Court finds no infirmity in the impugned disqualification order so as to warrant interference in exercise of its plenary powers.

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Ratio / Principle

The basis for non-interference is that the Petitioner submitted no counter or relevant documents notwithstanding this Court's earlier direction, and there is nothing on record to controvert the finding of Opposite Party No.1 that her counsel furnished no Counter Reply though all documents sought had been supplied.

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Detailed headnote1 paragraphs

Orissa High Court (V. Narasingh J.), 10.03.2026, disposed of W.P.(C) No.6361 of 2026 filed by Smt Mira Kumar assailing the order dated 12.12.2025 of the Collector and District Magistrate, Kalahandi in G.P. (Election Petition) Case No.08 of 2024 (Annexure-1) disqualifying her from continuing as Ward Member of Utkela Gram Panchayat under Kesinga Panchayat Samiti for incurring disqualification under Section 26(2) of the Orissa Grama Panchayat Acts, 1964 on account of having three children. This was the Petitioner's second writ petition: by order dated 16.05.2025 in W.P.(C) No.13745 of 2025 the Court had quashed the first disqualification order dated 14.02.2025 and the consequential notification, remitting the case to Opposite Party No.1 with liberty to file a reply within two weeks of supply of the report dated 11.02.2025 and the complaint. The Petitioner nonetheless submitted no counter or relevant documents, and nothing on record controverted Opposite Party No.1's recorded finding that her counsel furnished no Counter Reply though all documents sought were supplied. Finding no infirmity warranting interference in exercise of its plenary powers, the Court disposed of the writ petition along with pending Interlocutory Applications, if any.

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.6361 of 2026

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Smt Mira Kumar

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Petitioner

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Mr. S.R. Pati, Advocate

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1. Collector and District …. Opposite Parties Magistrate, Kalahandi

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2. District Panchayat Officer, Kalahandi

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3. Election Officer Cum B.D.O Kesinga Block, Kalahandi

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4. Sri Narendra Majhi Ex Sarpanch of Utkela Gram Panchayat

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Mr. M.R. Mohanty, AGA

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CORAM: JUSTICE V. NARASINGH ORDER

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10.03.2026

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Order No.

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

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Assailing the order dated 12.12.2025 passed by the Opposite Party No.1-Collector and District Magistrate, Kalahandi in G.P. (Election Petition) case No.08 of 2024 under Annexure-1 thereby disqualifying the Petitioner to continue as a ward member of Utkela Gram Panchayat under Kesinga Panchayat Samiti in the District of Kalahandi, the present writ petition has been filed.

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Page 1 of 3

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This is the second journey of the Petitioner to this Court. Earlier the Petitioner had moved this Court in W.P.(C) No.13745 of 2025 and by order dated 16.05.2025 while setting aside the order of disqualification impugned therein dated 14.02.2025 annexed as Annexure-1 and the consequential notification issued under Annexure-2. The matter was remitted back to Opposite Party No.1 therein to take up the G.P. (Election Petition) case No.08 of 2024 and decide the matter in accordance with law. For convenience of reference paragraph-7.3 of the said order is extracted hereunder:-

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“7.3.- In view of the aforesaid illegalities or irregularities which are apparent on the face of the impugned order, this Court is inclined to quash order dtd.14.02.2025 so passed by Opposite Party No.1 under Annexure-1 and consequential Notification dtd.02.04.2025 issued under Annexure-2. While quashing the order under Annexure-1 and the Notification under Annexure-2, this Court remits the matter to Opposite Party No.1 to take up G.P. (Election) Petition Case No.8/2024 and decide the same in accordance with law. Since Petitioner admittedly has not filed the reply, this Court permits the Petitioner to file her reply within a period of two (2) weeks from the date of supply of the report dtd. 11.02.2025 and the complaint basing on which the proceeding in question was initiated. On her filing of the reply, Opposite Party No.1 shall take all possible step to dispose of the proceeding in accordance with

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Page 2 of 4

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law on or before 30.06.2025, if there is no other legal impediment. Petitioner is directed to appear before Opposite Party No.1 on or before 31.05.2025 along with a copy of this order. On her appearance, copy of the complaint and the report as directed be supplied to the Petitioner forthwith.”

¶20

Admittedly, the impugned order in this writ petition was passed in terms of the order of this Court referred to hereinabove.

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Notwithstanding the direction of this Court, the Petitioner did not submit any counter or any relevant documents to substantiate her plea that she does not incur the disqualification under Section 26(2) of the Orissa Grama Panchayat Acts, 1964 on account of having three children. The relevant extract of the impugned order is extracted hereunder:-

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“The Learned Advocate for the O.P. did not furnish his Counter Reply though all the relevant documents he sought for was supplied.”

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There is nothing on record to controvert such finding by the Opposite Party No.1.

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On considering the impugned order and on the basis of materials on record, this Court does not find any infirmity in the impugned order so as to warrant interference by this Court in exercise of its plenary powers.

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Page 3 of 4

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Accordingly, the writ petition stands disposed of. In view of disposal of writ petition, pending I.As., if any, stand disposed of.

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(V. NARASINGH)

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Ayesha

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Judge

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Signature Not Verified

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Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 11-Mar-2026 17:41:32

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Page 4 of 4

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 12.12.2025 passed by Opposite Party No.1, Collector and District Magistrate, Kalahandi, in G.P. (Election Petition) Case No.08 of 2024 (Annexure-1), disqualifying the Petitioner from continuing as Ward Member of Utkela Gram Panchayat under Kesinga Panchayat Samiti, District Kalahandi.¶14
Collector and District Magistrate, Kalahandi · 12.12.2025
Prior proceeding
First journey to this Court: Petitioner had earlier filed W.P.(C) No.13745 of 2025; by order dated 16.05.2025 this Court set aside the earlier disqualification order dated 14.02.2025 (Annexure-1) and the consequential notification, and remitted G.P. (Election Petition) Case No.08 of 2024 to Opposite Party No.1 for decision afresh in accordance with law.¶16
Prior proceeding
Extracted paragraph-7.3 of the earlier order dated 16.05.2025 recording that the Court was inclined to quash the order dated 14.02.2025 (Annexure-1) and the consequential notification dated 02.04.2025 (Annexure-2) and to remit G.P. (Election) Petition Case No.8/2024 to Opposite Party No.1 to decide in accordance with law.¶17
Prior proceeding
Continuation of extracted paragraph-7.3: Petitioner permitted to file reply within two weeks of supply of the report dated 11.02.2025 and the complaint; Opposite Party No.1 to dispose of the proceeding in accordance with law on or before 30.06.2025 if no legal impediment; Petitioner directed to appear before Opposite Party No.1 on or before 31.05.2025 with a copy of the order, upon which the complaint and report were to be supplied forthwith.¶19
Prior proceeding
This Court acknowledged that the impugned order in the present writ petition was passed in terms of its earlier order referred to above.¶20
Prior proceeding
Notwithstanding the Court's earlier direction, the Petitioner did not submit any counter or relevant documents to substantiate her plea that she does not incur disqualification under Section 26(2) of the Orissa Grama Panchayat Acts, 1964 on account of having three children.¶21
Prior proceeding
Relevant extract of the impugned order relied on by this Court, recording that the Opposite Party's advocate did not furnish his Counter Reply although all relevant documents sought had been supplied.¶22

Mira Kumar v. Collector and District Magistrate, Kalahandi

Case brief

What is this about?

What did the court decide?

Mira Kumar v. Collector and District Magistrate, Kalahandi

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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