Instant writ petition is filed by the petitioner challenging the
impugned decision by order dated 5th September, 2023 under
Annexure-1 of opposite party No.1 in connection with Election
Misc. Case No.29 of 2022, whereby, on the application of
opposite party No.2 in terms of Section 26 of the Odisha
Grama Panchayats Act, 1964 (hereinafter referred to as „the
Act‟), he was declared disqualified to hold the office of
Sarpanch of the GP under Sections 25(1)(n) & (w) of the Act
on the grounds inter alia that such decision is liable to be
interfered with and quashed, for being legally untenable.
2. The grounds, upon which, the challenge to the impugned
order under Annexure-1 are to the effect that opposite party
No.1 has no jurisdiction over the subject matter, inasmuch as,
the allegations do not per se lie within the scope and ambit of
Section 26 of the Act; the preliminary objection regarding
jurisdiction of opposite party No.1 has not been examined and
dealt with; the documents relied upon to disqualify the
petitioner have not been duly proved before opposite party
No.1 with the examination of witnesses; the ineligibilities as
alleged by opposite party No.2 are concerning pre-nomination
and pre-election disqualifications, which could not have been
entertained by opposite party No.1 in exercise of power under
Section 26 of the Act.
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