BRAJA KISHORE MALLICK Vs. KADAMBINI NAYAK

JUDGEMENT

(1.) The petitioner and six others including opp. party filed nominations to contest the election for the office of Sarpanch of Mousuda Gram Panchayat under Chandabali block in the district of Bhadrak scheduled to be held on 19.2.2007. After scrutiny, their nominations were found to be valid, as such, they all jumped to the election fray. The petitioner was allotted the symbol 'umbrella' and the opp. party 'open book'. After the election was over, on counting the ballot papers petitioner was found to have polled 1349 votes and the opp. party 1348 votes and accordingly on 22.2.2007 the petitioner was declared to be elected as sarpanch of Mousuda Gram Panchayat.

(2.) Being dissatisfied with the result of the election, opp. party filed Election Misc. Case No.85 of 2007 before the Court of learned Civil Judge (J.D.), Bhadrak, which was subsequently transferred to the Court of Civil Judge (JD), Chandabali. As per the case of O.P. (election petitioner), there were 16 booths corresponding to 16 wards in Mousuda G.P. Some invalid votes were counter in favour of the petitioner and some valid votes cast in favour of the opp. party (election petitioner) were not counted in her favour. It is her further case that some voters of the same G.P. cast their votes twice and some voters of nearby G.P.s cast their votes in Mousada G.P. besides casting their votes in their respective parent G.Ps. So, the opp. party requested the B.D.O. cum-Election Officer, Chandabali for inspection and recounting of the ballot papers, but he did not pay any heed to it. According to opp. party proper scrutiny of all the rejected ballot papers and the ballot papers counted in favour of the petitioner would show that she secured highest number of votes. Accordingly, she filed the Election Misc. Case with prayer to recount the ballot papers counted in favour of the petitioner and all the rejected ballot papers and to declare the election of the petitioner as illegal, and void and further to declare her as the Sarpanch of Mousuda G.P. The petitioner in his objection inter-alia denied the allegation of double voting and counting of invalid votes in his favour. He also refuted the pleading that some valid votes cast in favour of opp. party were not counted in her favour. To establish her case, O.P. (election petitioner) examined eight witnesses as against nine witnesses examined by the petitioner.

(3.) It is pertinent to mention here that after closer of evidence O.P. (election petitioner) filed a petition before learned Civil Judge (J.D) praying for recounting of votes, which was allowed. Being aggrieved with the said order, the petitioner filed WP(C) No. 12954 of 2007 before this Court. The same having been dismissed by a single Honourable Judge. The petitioner preferred W.A. No.110 of 2007 which also failed. Again, the petitioner carried the matter to the Supreme Court vide SLP No.1270 of 2007 which was dismissed and the order of recounting Was confirmed. Thereafter, learned Civil Judge (JD) recounted the votes and on recounting one vote more was added in favour of the petitioner and accordingly the Election Misc. Case was dismissed vide order dated 30.11.2010.