SABITRI BAGH Vs. BHAJI BAGH

JUDGEMENT

(1.) The Petitioner was elected as Member of the Panchayat Samiti from Deul Padar Grama Panchayat under Tarbha Panchayat Samiti. His election as Member of the Panchayat Samiti was challenged by the opp. party before the learned Civil Judge, (Sr. Division), Sonepur in Election Dispute Case No. 7 of 2007. The learned Civil Judge by judgment dated 22.5.2008 dismissed the election petition on contest against the opp. party. Against the said order of dismissal, the opp. party preferred F.A.O. No. 18/22 of 2008, which has been decided by the learned Additional District Judge, Sonepur by judgment dated 4.5.2010 which is impugned in the present writ petition by the Petitioner.

(2.) The learned Additional District Judge in the impugned judgment remanded the election dispute to the court of the learned Civil Judge (Sr. Division), Sonepur by passing the following order:

(3.) Substantially, Dr. A.K. Rath, learned Counsel for the Petitioner has raised two issues in the writ petition, namely, (i) the learned Additional District Judge had no jurisdiction to decide the appeal under Section 44-Q of the Orissa Panchayat Samiti Act, 1959 (hereinafter referred to as 'the Act'), and (ii) in an election dispute under the Act, the appellate court has no power to direct addition of party as well as to remand the case to the learned Civil Judge (Sr. Division), for fresh adjudication.