DHRUBA CHARAN PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner in this case prays to quash the order passed by the Electoral Registering Officer-Cum-Block Development Officer, Bhapur, DistrictNayagarh, opposite party no.4, including the names of Rabindra Kumar Sahoo, opposite party no.6, and Saudamini Sahoo, opposite party no.7, in the voter list of Ward No.15 in respect of village Kendupalli which comes within the area of Salapada Grama Panchayat.

(2.) Opposite party no.2, i.e. the State Election Commission issued notification on 12.8.2011 which was latter on modified on 13.9.2011 for preparation of ward wise Electoral Rolls of all the Grama Panchayats for the purpose of conducting General Elections to the three tier Panchayati Raj Institutions (hereinafter referred to as "PRI" for brevity). On receipt of notification the Collector, Nayagarh, opposite party no.3, appointed opposite party no.4 to prepare the Electoral Rolls for the Block in question, for General Election, 2012.

(3.) Being aggrieved by the said order opposite party nos.6 and 7 filed an application before opposite party no.4 for inclusion of their names in the voter list of Salapada Grama Panchayat. At that stage the petitioner and other villagers made a representation to opposite party no.4 on 11.11.2011 attaching the voter list of village Gohiriapada under Khandapara Block, 2011 and Siariapur of Pipili constituency not to include the names of opposite party nos.6 and 7 in the voter list of Ward No.15 of village Kendupalli of Salapada Grama Panchayat on the ground that neither of the opposite parties were residing in village Kendupalli of Salapada Grama Panchayat, whereas the voter list of Gohiriapada shows that Saudamini is residing at Gohiriapada and her name has found place in the voter lists of Gohiriapada and Siariapur of Pipili. Similarly the name of Rabindra found place in the Electoral Rolls of Gohiriapada under Khandapara Block in 2011 voter list.