ASHOK KUMAR JAGADEV Vs. SIBANARAYAN JENA

JUDGEMENT

(1.) THE petitioner in this writ petition was declared elected asSarpanch of Gopamathura Grama Panchayat under Baramba Block in the election heldon 21.2.2007. One Prafulla Kumar Nayak filed Election Misc. Case No. 4 of 2007seeking declaration of the election of the petitioner as illegal and void and to declare himas the legally elected Sarpanch of the said Grama Panchayat. Though allegations ofcorrupt practice, arrangement of fraudulent voters and utilization of official vehicle inelection campaigning were made in the election petition, but only a single point wasurged before the learned Election Tribunal by the election petitioner which was withregard to the allegation that the petitioner was holding an office of profit on the date offiling of the nomination. THE learned Election Tribunal after framing the issues, recordedevidence and upon hearing the learned counsel for the parties allowed the said ElectionMisc. Case by judgment dated 23.7.2008 holding that the nomination and election of thepetitioner as Sarpanch was illegal being contrary to section 25(h) of the Orissa GramaPanchayat Act, 1964 (for short, ' the Act') as he was disqualified to file thenomination. It was further directed by the learned Election Tribunal that the electionpetitioner having obtained the second highest number of votes, is declared as dulyelected Sarpanch of the said Grama Panchayat. THE petitioner challenged the saidorder/judgment passed by the learned Election Tribunal in Election Appeal No. 28 of2008 before the learned District Judge, Cuttack. During pendency of the said appeal,the election petitioner expired. An application was filed by the petitioner before thelearned appellate court bringing the fact of death of the election petitioner, who wasrespondent no. 1 in the said appeal and died on 13.11.2008 and making a prayer thatafter death of the said election petitioner, the proceeding is vitiated inasmuch as there isno scope to perpetuate the election proceeding. THE learned District Judge on24.12.2008 considering the said application filed by the petitioner and the deathcertificate produced before him, recorded as follows:-

(2.) THIS Court passed an interim order on 30.12.2008 staying delivery of thejudgment by the appellate court.