BHAGABAN SAHOO Vs. BASANTI ACHARYA

JUDGEMENT

(1.) The petitioner challenges the judgment and orders dated 30th April, 2009 passed by the learned District Judge, Ganjam-Gajapati in Election Appeal No. 12 of 2008 reversing the judgment and orders dated 3.10.2008 passed by the learned Civil Judge (Senior Division), Chhatrapur in Election Petition No. 4 of 2007.

(2.) Opp. party No. 1 was the election petitioner, petitioner was opp.party No. 4 and one Rabi Patra was opp. party No. 5 in the Election Petition No. 4 of 2007 before the Civil Judge (Senior Division), Chhatrapur.

(3.) As per the case of the election-petitioner, she herself, opp. party No. 4 and opp.party No. 5 contested for the office of Samiti Member of Mardakote Gram Panchayat. During scrutiny of the nomination paper, the candidature of opp. party No. 5 was challenged by opp. party No. 4 on the ground that he be got a 3rd child after the cut-off date. Without taking note of the objection, the Election Officer (opp. party No. 3) accepted his nomination. So, all the three candidates contested for the office. Opp. party No. 4 having secured the highest number of votes, was declared elected as Samiti Member. So, the election-petitioner filed the above mentioned Election Petition with prayer to declare the election void. Opp. party No. 5 did not contest the Election Petition, and, as such, he was set ex parte. Opp. party No. 4 contested election and filed counter. Issues were framed, evidence was led and after hearing learned Counsel for the parties and going through the evidence on record, the Election Tribunal dismissed the Election Petition vide judgment and orders dated 29.10.2008.