SARASWATI MUNDA Vs. SUSHEN CH. NAIK

JUDGEMENT

(1.) HEARD learned counsel for the parties. This writ petition has been filed challenging the order dated 03.4.2013 passed by the Collector, Keonjhar, in Misc. Case No. 02 of 2013 (Annexure -3), wherein a direction has been issued to the B.D.O., Patna to enquire into the allegation made by the opposite party no. 1 in his application filed under Section 25(1)(v) read with Section 26(2) of the Orissa Gram Panchayat Act, seeking disqualification of the petitioner to hold the post of Sarpanch under Patna Block in the district of Keonjhar and to send a factual report.

(2.) LEARNED counsel for the petitioner submits that as the mandate of Section 26(2) of the Orissa Gram Panchayat Act requires the Collector to enquire into the allegations of disqualification made in an application filed before him, it is not open for the Collector to delegate the power of enquiry to the B.D.O. of the Block, as has been done in the present case. It is accordingly submitted that the impugned order is in gross violation of the statutory provisions and is therefore liable to be quashed.

(3.) SECTION 26(2) of the Orissa Gram Panchayat Act reads as under: