JUDGMENT : S.C. Parija, J. - 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 u/s 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. On a perusal of the impugned order, it is seen that the opposite party no. 1, has filed a petition u/s 25(1)(v) read with Section 26(2) of the Orissa Gram Panchayat Act before the Collector, Keonjhar, registered as Misc. Case No. 02 of 2013, for disqualification of the present petitioner for the post of Sarpanch of Budhikapudi Gram Panchayat under Patna Block. The petitioner appeared in the said proceeding before the Collector, Keonjhar and filed his show-cause. The Collector, Keonjhar, by the impugned order dated 03.4.2013 has asked the B.D.O., Patna, to enquire into the details of the allegations and to send a factual report. 4. Section 26(2) of the Orissa Gram Panchayat Act reads as under: 26(1) xx xx xx. (2) The Collector may suo motu or on receipt of an application under Sub-section(1), make such enquiry as he considers necessary and after giving the person whose disqualification is in question an opportunity of being heard, determine whether or not such person is or has become disqualified and make an order in that behalf which shall be final and conclusive. 5. 5. Keeping in view the aforesaid statutory provisions it cannot be said that the Collector, Keonjhar, by calling for a factual report from the concerned B.D.O., on the allegations made in the petition filed by the opposite party no. 1, has abdicated his statutory duty to enquire into the matter and has delegated and/or entrusted the same to the B.D.O. The Collector has only called for a factual report from the B.D.O. to facilitate the enquiry. 6. In view of the above, I do not fine any infirmity or illegality in the impugned order so as to warrant any interference. 7. It is needless to say the Collector, Keonjhar, shall conduct the enquiry as envisaged u/s 26(2) of the Orissa Gama Panchayat Act and dispose of the proceeding in accordance with law expeditiously, providing opportunity of hearing to the parties. 8. Writ petition is disposed of accordingly. 9. Interim order dated 06.5.2013 stands vacated. Issue urgent certified copy as per rules. Final Result : Disposed Off