JOYDEB DAS Vs. RAM GOPAL MANNA

JUDGEMENT

(1.) This application under Article 227 of the Constitution is directed against the order 15th of January, 2006 passed by the learned Civil Judge, Junior Division, 3rd Court, Tamluk, Purba Medienipur in Misc. Case No. 2 of 2004. Grievance of the petitioner may be stated as follows.

(2.) The opposite party/plaintiff, Ram Gopal Manna filed application under section 204 of the West Bengal Panchayat Act, 1973 against the petitioner/defendant praying inter alia for a declaration that the election No. VIII, Kalaynpur Constituency of Kalyanpur Gram Panchayat is null and void. Plaintiff sought for cancellation of the membership of opposite party No. 1 and further for permanent injunction restraining the opposite party No. 1 from claiming himself to be an elected member of the Panchayat.

(3.) Such application was registered as Misc. No. 2 of 2004. The present petitioner contested the said misc. case filing written statement thereby denying inter alia all material allegations made in the application. He claimed that he was born as on 3rd of January, 1981 and this was duly recorded in the Admission Register of Rangametiya Uchya Primary Vidyalaya where he got his primary education. Thus, on the date of scrutiny, the petitioner was 22 years, 3 months and 15 days. This was also indicated in the electoral roll. Plaintiff did not raise any objection before publication of the electoral roll. Plea was also taken that since electoral roll was published by the Election Commission, the said authorities are required to be made parties. The learned Trial Court having taken into consideration all relevant facts and circumstances by the impugned order allowed the said application in part and thereby declared the election of the 0. P. No. 1 before it as a member of Kalyanpur Gram Panchayat from VIII, Kalyanpur Constituency as void.