JOHARLAL MAHALI Vs. SUSHIL KUMAR KINDO

JUDGEMENT

(1.) The petitioner has challenged the judgment and orders dated 15.04.2009 passed by the learned District Judge, Sundargarh in F.A.O. No. 9 of 2008, confirming the judgment and orders dated 31.03.2008 passed by the learned Civil Judge (Senior Division), Rourkela in Election Petition No. 24 of 2007, allowing the election petition and declaring the election of the returned candidate as void and further declaring that the election petitioner was duly elected as Chairman of Bisra Panchayat Samiti.

(2.) The petitioner was opposite party No. 3 and the opposite No. 1 was the election petitioner before the Civil Judge (Senior Division), Rourkela in the aforesaid election petition. As per the case of election petitioner, Bisra Block is divided into two segments-Bisra 'Ka' and Bisra-'Kha'. Election for Panchayat Samiti members in respect of Bisra-'Ka' and Bisra-'Kha' was held on 17.2.2007 and 19.2.2007 respectively. The petitioner and opposite party No. 3 were elected as Samiti Member from Jhirapani Gram Panchayat under Bisra-'Kha' segment and Kapatmunda Gram Panchayat under Bisra-'Kha' segment respectively. Pursuant to the notification No. 548 dated 25.7.2007, the petitioner and opposite party No. 3 filed their respective nominations for election to the office of Chairman of Bisra Panchayat Samiti. As per the notification No. 579 dated 10.5.2006 of the Collector Sundargarh, the office of Chairman of the said Panchayat Samiti was reserved for Scheduled Tribe candidates. The election was held on 11.3.2007 and as opposite party No. 3 secured highest number of votes, was declared elected to the office of Chairman on the same date.

(3.) According to the election petitioner, opposite party No. 3 is Tury by caste which comes under Scheduled Caste category but he falsely declared that he is Mahali by caste and as such belongs to Scheduled Tribe. So, the election petitioner filed the aforesaid election petition to declare the election of opposite party No. 3 as void and further to declare him to have been duly elected to the office of Chairman of Bisra Panchayat Samiti. The Block Development Officer, Bisra Block and Sub-Collector, Panposh (Opposite party No. 1 and 2 respectively) in their joint show cause contended that the election was conducted as per law and opposite party No. 3 having secured the highest number of votes was rightly elected to the office of Chairman, Bisra Panchayat Samiti. Opposite party No. 3 in his show cause averred that he comes under Scheduled Tribe for which there was no objection from any quarter while he filed the nomination for election to the office of Chairman and prayed to dismiss the election petition.