- (1.) We have heard the learned counsels for the parties and perused the relevant material.
(2.) The challenge in the present appeal is to an order of the High Court of Orissa by which the appellant an elected Sarpanch has been disqualified on the ground that after he had become a Sarpanch, he had begotten a third child which attracts disqualification under Section 25(1)(v) read with sub-Section (2) of the Orissa Gram Panchayats Act, 1965 (for short, 'the Orissa Act').
(3.) The provisions contained in Section 25(1) (v) and (2) are set out hereunder for a clear understanding of the issues arising in the case. "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- (a) to (u) xxx xxx xxx (v) has more than two children : Provided that the disqualification under Clause (v) shall 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. (2) A Sarpanch or any other member of a Grama Panchayat shall be disqualified to continue and shall cease to be a member if he- (a) incurs any of the disqualifications specified in Clauses (a) to (j) [Clauses (m) to (p) and Clauses (t) to (v)] of Sub-section (1) ; or (b) has failed to attend three consecutive ordinary meetings held during a period of four months commencing with effect from the date of the last meeting which he has failed to attend ; or (c) being a legal practitioner appears or acts as such against the Grama Sasan ; or (d) Being a member of a Co-operative Society has failed to pay any arrears of any kind accrued due by him to such society within six months after a notice in this behalf has been served upon him by the society.";