BIDYUTLATA NAYAK Vs. SUCHETA SAMANTA

JUDGEMENT

(1.) The petitioner calls in question the judgment dated 10.9.2008 passed by learned District Judge, Dhenkanal in F.A.O. No. 26 of 2007 reversing the judgment dated 18.8.2007 passed by learned Civil Judge (Jr. Division) Dhenkanal in Election Petition No. 24 of 2007 declaring the election of opp. party to the office of Sarpanch of Digambarpur G.P. as null and void and consequentially declaring the petitioner as duly elected Sarpanch in her place.

(2.) The petitioner, sole opp. party and three others contested for the office of Sarpanch of Digambarpur G.P. under Gondia Block in the district of Dhenkanal held on 19.2.2007. Since the opp. party polled the highest number of votes, she was declared elected to the said office on 22.2.2007.

(3.) Being aggrieved with the declaration of the said result, the petitioner filed Election Petition No. 24 of 2007 before learned Civil Judge (Jr. Division) Dheninal (hereinafter referred to as 'Election Tribunal') along with a petition for condonation of delay in filing it, mainly on the ground that the office of Sarpanch of the aforesaid G.P. was reserved for Other Backward Class (Women), the opposite party does not belong to the said class, as her caste was Kshyatriya. During the time of filing of nomination by the opp. party, the petitioner challenged her candidature before the Returning Officer and requested him not to accept her nomination, but still then, he accepted it. It is the further case of the petitioner that she secured the second highest number of votes.