SANJUKTA MALLIK Vs. BHARATI SETHI

JUDGEMENT

(1.) The petitioner, in this case, is the returned candidate for the post of Sarpanch of Srirampur Grama Panchayat, Kendrapara of the election held on 19.02.2007. She assails the confirming judgment and order passed by the District Judge, Cuttack in Election Appeal No.03 of 2010, decided on 12.05.2011, upholding the orders passed by the Civil Judge (Junior Division), Pattamundai in Election Misc. Case No.16 of 2007. In the said election Misc. Case the election of the petitioner, hereinafter referred to as 'the returned candidate', was declared void and illegal as she was disqualified to hold the said post under Section 25(1)(v) of the Orissa Grama Panchayats Act, 1964, hereinafter referred to as 'the Act'. Theopposite party, i.e. the election petitioner and the returned candidate along with two other candidates contested for the post of Sarpanch in Srirampur Grama Panchayat, which was held on 19.02.2007. In that election the returned candidate having polled the highest number of valid votes, was declared elected on 21.02.2007. The opposite party, then, filed an election petition before the Civil Judge (Junior Division), Pattamundai challenging her election on the ground that the returned candidate having begotten her fourth children on 21.02.1997, i.e. after the cut off date, has incurred disqualification under Section 25(1)(v) of the Act and also the vote polled by the opposite party having been improperly rejected in counting, the election of the returned candidate was illegal and invalid, and hence, she prays to declare the same to be void.

(2.) The returned candidate filed her written counter to the petition with the specific plea that Tanuj and Ranoj are not her sons, but the sons of her husband's brother, and hence, she has no disqualification to contest the election. She also denied the plea of rejection of valid votes cast in favour of the opposite party-election petitioner.

(3.) On such pleadings, the learned trial judge framed nine issues. Out of which, the issue which remains to be considered in this writ petition is whether the opposite party is disqualified to contest the election on the ground of having more than two children on the date of filing of the nomination in view of Section 25(1)(v) of the Act.