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Somanath Pradhan v. Collector, Kandhamal

Orissa HC19 Mar 2026WP(C)/8403/2026

Case brief

AI extract

What is this about?

Disqualification of Sarpanch; more than two children; Section 25(1)(v) Odisha Grama Panchayats Act 1964; Section 26(2) procedure; show cause notice Annexure-2 dated 23.02.2026; Collector Kandhamal; supply of materials before hearing; two weeks' time to respond; natural justice; Orissa Grama Panchayats (Amendment) Act 1994 proviso; writ petition disposed; High Court of Orissa at Cuttack; Justice V. Narasingh; 19.03.2026; W.P.(C) No. 8403 of 2026.

What did the court decide?

Writ petition disposed of with directions that, on the Petitioner's appearance before the Collector on 20.03.2026, the materials underlying the proposed Section 26(2) action be supplied to him, he be given at least two weeks' time to respond, and the hearing date be fixed preferably after two weeks of submission of his reply/show cause. ¶37

Somanath Pradhan Vs Collector, Kandhamal — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Collector, Kandhamal (O.P No-1) must supply to the Petitioner the information and documents filed by O.P No-4 (Annexure-3) forming the basis of the disqualification accusation, enabling him to reply. +1 more

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Court's answer

On the Petitioner's appearance before the Collector on 20.03.2026 in terms of the Annexure-2 notice dated 23.02.2026, the materials on the basis of which the Collector proposes to exercise power under Section 26(2) of the Odisha Grama Panchayats Act, 1964 shall be provided to the Petitioner.

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Ratio / Principle

The Petitioner shall be given at least two weeks' time to respond to the materials so provided.

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Key takeaways

A date shall be fixed preferably after two weeks of submission of the reply/show cause, if any, for taking up the motion in accordance with Section 26(2) of the Odisha Grama Panchayats Act, 1964.ratio¶35

Detailed headnote1 paragraphs

Writ petition by the Sarpanch of Subarnagiri Grama Panchayat (Kotagarh Block, Kandhamal) assailing a show cause notice dated 23.02.2026 (Annexure-2) alleging disqualification under Section 25(1)(v) of the Odisha Grama Panchayats Act, 1964 (more than two children by the cut-off date), with the Section 26(2) hearing fixed for 20.03.2026 without the basis of accusation having been supplied. The Court directed that, on the Petitioner's appearance before the Collector on 20.03.2026, the materials on which the Collector proposes to act under Section 26(2) be provided to him, that he be given at least two weeks' time to respond, and that the hearing be taken up preferably after two weeks of submission of his reply/show cause. The writ petition stood disposed of.

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

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Somanath Pradhan

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…. Petitioner

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Mr. R.K. Pattanaik, Advocate

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-versus-

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1. Collector, Kandhamal at Phulabani

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2. District Panchayat Officer, Kandhamal, Phulabani

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3. Block Development Officer, Kotagarh, Kandhamal ….^{Opposite Parties}

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4. Mita Palatasingh

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Mr. P.K. Ray, AGA

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CORAM: JUSTICE V. NARASINGH

ORDER

19.03.2026

Order No.

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

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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

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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–

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(i) to (iv) xxx xxx xxx

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(v) has more than two Children:

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

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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;

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“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:

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(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,

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

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If the Opposite Parties will fail to show cause or show insufficient or false cause made

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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.”

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2 26. Procedure of giving effect to disqualification :–( 1) xxx xxx xxx

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(2) The Collector may suo motu or on receipt of an application under SubSection (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.

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the said Rule Nisi absolute and allow the writ petition.

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xxx xxx xxx”

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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.

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

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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.

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