GUNANIDHI SETH Vs. SHYAMA KUMAR MEHER

JUDGEMENT

(1.) The facts and points of law involved in both the writ petitions being the same, they were heard analogously and the following common order is passed thereon.

(2.) In W.P.(C) No. 988 of 2010, the Petitioner has challenged the judgment dated 16.12.2009 passed by the learned Addl. District Judge, Bargarh in Election Appeal No. 7 of 2008, wherein he allowed the appeal and set aside the judgment dated 1.9.2008 passed by the learned Civil Judge (Senior Division), Padampur in Election Dispute Case No. 2 of 2007. In W.P.(C) No. 5049 of 2009, the Petitioner has called in question the judgment dated 13.3.2009, passed by the Addl. District Judge, Bargarh, wherein he allowed the appeal and set aside the judgment dated 1.10.2008 rendered in Election Dispute Case No. 5 of 2007 by the Civil Judge (Senior Division), Padampur.

(3.) In Election Dispute Case No. 5 of 2007, the case of the Petitioner (Gourahari Seth) is that he was elected as member of Bijepur Panchayat Samiti, so also the opp. party No. 1 (Gunanidhi Seth). Both of them contested for the office of Chairman of the Panchayat Samiti. The Petitioner challenged the nomination of opp. party No. 1 on the ground that he was disqualified to contest for the said office as he was dismissed from the post of Secretary of Bijepur G.P., a local authority, but the same was not taken into consideration. Ultimately, opp. party was elected as Chairman of Bijepur Panchayat Samiti. Hence the Petitioner filed the aforesaid Election Dispute. Opp. party No. 1 contested the case. The Petitioner examined two witnesses including himself as P.W. 1 Opp.-party did not prefer to examine any witness, but proved the certified copy of the judgment passed in election Case No. 2 of 2007 by the Civil Judge (Sr. Division) Padampur which was marked Ext. A. After assessing the evidence and hearing the counsel for the parties, the trial Court held that opp. party No. 1 was disqualified to contest the election as he was removed from the post of Secretary of Bijepur G.P., a local authority. So, his election for the office of Chairman of Bijepur Panchayat Samiti was declared void. Being dissatisfied with the said judgment, opp. party No. 1 preferred Election Appeal No. 8 of 2008 before the Addl. District Judge, Bargarh which was allowed and the impugned judgment passed by the learned Civil Judge (Senior Division), Padampur in election Dispute Case No. 5 of 2007 was set aside. So, Respondent No. 1 preferred the writ petition bearing No. 5049 of 2009.