BAURI DEHURI Vs. KAMALA PRADHAN

JUDGEMENT

(1.) The petitioner was declared elected as Sarpanch of Badakumbilo Grama Panchayat by margin of four votes over present opposite party No. 1. A petition challenging the election was filed by opposite party No. 1. In the said petition it was, inter alia, alleged that many dead persons had voted in the election and the result of the election had been materially affected by false votes being cast in the names of dead persons. The aforesaid allegation was denied by the present petitioner.The trial Court framed several issues including. Issue No. 9 to the effect, "whether votes have been cast in the names of dead persons or not?". The trial Court had also framed another issue being Issue No. 5 to the following effect:-

(2.) Against the aforesaid decision, the present petitioner filed appeal before the District Judge, Cuttack. The District Judge confirmed the finding that votes had been cast in the names of dead persons and ultimately dismissed the appeal. The aforesaid decisions of the Courts below are being challenged in the present writ application.

(3.) Even though the learned counsel appearing for the petitioner sought to challenge the finding of the Courts below to the effect that votes had been cast in the names of dead persons, keeping in view the limited scope for interference in a writ of certiorari, I hardly see any scope for coming to any different conclusion. Both the Courts below have referred to the relevant evidence on record and even though a different finding could have been arrived at by another Court, that is not a ground to come to a different conclusion while deciding a matter under Articles 226 and 227 of the Constitution of India. Therefore, I proceed on the footing that ten votes had been cast in the names of dead persons.