(1.) -Leave granted.
(2.) Election to the office of Sarpanch, Pondosguda Gram Panchayat, Orissa was held in the month of February, 2002 under the provisions of the Orissa Grama Panchayats Act 1964 (hereinafter the Act, for short). There were eight candidates out of whom six withdrew from the contest leaving only the petitioner and the respondent in the election fray. The polling took place on 21-2-2002. On 28-2-2002, the respondent was declared elected.
(3.) The respondents election was put in issue by the appellant by filing an election petition under Sections 30/31 of the Act in the Court of Munsif having jurisdiction to try the petition. The relief clause in the petition is relevant as the controversy centres around it and hence is reproduced hereunder:-