p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.5318 of 2026 Sri Jagu Kumar @ Jagu Kumbhar &. Petitioner Mr. S.R. Pati, Advocate -versus- 1. Collector and District Magistrate, Kalahandi 2. District Panchayat Officer, Kalahandi 3. Election Officer Cum B.D.O Kesinga Block, Kalahandi 4. Sri Narendra Majhi Ex Sarpanch of Utkela Gram Panchayat &. Opposite Parties Mr. M.R. Mohanty, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 10.03.2026 02. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. 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.10 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. p. 2 3. This is the second journey of the Petitioner to this Court. Earlier the Petitioner had moved this Court in W.P.(C) No.15191 of 2025 and by order dated 03.06.2025 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.10 of 2024 and decide the matter in accordance with law. For convenience of reference paragraph-7.3 of the said order is extracted hereunder:- <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.10/2024 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 his filing of the reply, Opposite Party No.1 shall take all possible step p. 3 to dispose of the proceeding in accordance with law on or before 15.07.2025, if there is no other legal impediment. Petitioner is directed to appear before Opposite Party No.1 on or before 30.06.2025 along with a copy of this order. On his appearance, copy of the complaint and the report as directed be supplied to the Petitioner forthwith.= 4. Admittedly, the impugned order in this writ petition was passed in terms of the order of this Court referred to hereinabove. 5. Notwithstanding the direction of this Court, the Petitioner did not submit any counter or any relevant documents to substantiate his plea that he 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:- <The Learned Advocate for the O.P. did not furnish his Counter Reply though all the relevant documents he sought for was supplied.= There is nothing on record to controvert such finding by the Opposite Party No.1. 6. 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. p. 4 7. Accordingly, the writ petition stands disposed of. In view of disposal of writ petition, pending I.As., if any, stand disposed of. (V. NARASINGH) Judge Ayesha