TIPNNA KESAB REDDY Vs. STATE OF ORISSA

JUDGEMENT

(1.) GRAM Panchayat elections in the State of Orissa were held in the month of February, 2007. The date of filing of nomination papers wasfixed as 9th January, 2007. The petitioner as well as the opposite party no.3 filed their nomination papers for contesting in the election to the post of Sarpanch of Ekasingi GRAM Panchayat in the District of Ganjam. The nomination papers were scrutinized and accepted. The result of the election was published on 22.02.2007 declaring the petitioner as the elected Sarpanch of the said GRAM Panchayat.

(2.) ON the date of filing of the nomination paper, the opposite party no.3 filed an objection before the Election Officer stating therein that the nomination paper filed by the petitioner should be rejected on the ground that he has not attained the age of 21 years as mandatorily required under section 11 (b) of the Orissa Gram Panchayat Act, 1964. However, the Election Officer accepted the nomination paper of the petitioner. Voting was held on 13.02.2007. The petitioner secured 609 votes and the opposite party no.3 secured 561 votes out of the valid votes cast. The opposite party no.3 thereafter filed a election dispute before the Civil Judge (Jr. Division), Berhampur registered as Election Petition No.2 of 2007 seeking declaration of the election of the petitioner as void and further to declare the opposite party no.3 as Sarpanch of the said Gram Panchayat. The petitioner filed his show cause/written statement on receiving the show cause notice in the election Misc. Case. The opposite party no.3 in support of his case relied upon the certificate granted to the petitioner by the Board of Secondary Education, Orissa in the High School Certificate Examination for proving his date of birth to be 25.05.1986 and, as such, the petitioner was 20 years 7 months 15 days old on the date of filing of the nomination paper.

(3.) THIS Court, therefore, quashes the impugned judgments passed by the Election Tribunal as well as the appellate authority as at Annexures -1 and 2 and directs that the petitioner shall continue as the elected Sarpanch of Ekasingi Gram Panchayat.