PRAFULLA BISWAL Vs. BANAJOSNA BARIK

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner, who was the election petitioner in Election Case No. 2 of 2007 challenging the election of the opp. party no. 1 to the office of Sarpanch of ChahaparaGrama Panchayat on the ground that the opp. party no. 1, who was declared elected was disqualified to contest the election to the office of Sarpanch under the provisions contemplated in section 25 (i) (v) of the Orissa Grama Panchayat Act, 1964. It was alleged that the opp. party no. 1 has more than two children born after the cut-off date. The learned Election Tribunal allowed the Election Misc. Case declaring the election of the opp. party no. 1 as void and illegal and further holding that in order to save wastage of time and money , since the petitioner was the only contesting candidate against the opp. party no. 1, she is declared elected as Sarpanch of the said Grama Panchayat in view of section 38 (2) (b) of the Act.

(2.) A Civil Suit was filed by the petitioner for a declaration that Priyanka Priyadarshini is the daughter of opp. party no. 1 through her husband Saroj -opp. party no. 4.. The judgment of the learned Election Tribunal was challenged in appeal and the learned appellate court while confirming the judgment of the learned Election Tribunal with respect of the disqualification of the opp. party no. 1 to contest the election to the office of Sarpanch, reversed the finding of the learned Election Tribunal declaring the petitioner to be the elected Sarpanch. The said order was challenged by the opp. party no. 1 in W.P. (C) No. 19200 of 2008, wherein this Court without interfering with the said order with regard to disqualification of the opp. party no. 1 has disposed of the said writ petition subject to the result of the present writ petition.