RADHAKANTA DANDASENA Vs. SUBDIVISIONAL OFFICER AND ORS.

JUDGEMENT

(1.) THIS is an application under Articles 226 and 227 of the Constitution for a writ of certiorari to quash the order made by the Election Officer (Opposite Party No. 1) rejecting the nomination paper of the Petitioner in a contest for the chairmanship of the Panchayat Samiti of Rayagada Block in the district of Ganjam.

(2.) AN election for the Panchayat Samiti of the Rayagada Block was notified under the provisions of the Orissa Panchayat Samiti Act, 1959 (Orissa Act, 7 of 1960). The Petitioner and the opposite parties 2 to 4 filed their nominations. The opposite party No. 1 was appointed as the Election Officer. 29 -12 -1970 was appointed for scrutiny of the nomination papers. The opposite party No. 2 objected to the nomination of the Petitioner on four grounds. The Election Officer overruled objections on three counts, but upheld one of the objections by finding that the Petitioner was a member of the Rayagada Service Co -operative Society and owed a sum of Rs. 767.56 to that society and a notice of demand had been served upon the Petitioner on 12 -12 -1970 asking for clearing up the dues within seven days; but the Petitioner had not satisfied the demand and was a defaulter. As such he was disqualified from being elected as Chairman in terms of the provisions of Section 45(1)(m -1) of the Act. The Petitioner 's nomination paper was accordingly rejected. The election was held, but by an order dated 11 -1 -1971, its publication has been withheld.

(3.) A preliminary point has been raised by the opposite parties that this writ application should be dismissed as the Petitioner had an alternate remedy of raising the election dispute under the Act. We shall first dispose of the preliminary objection. Chapter VI -A of the Act provides for election disputes. Under Section 44 -L(1)(d), the Election Commissioner is entitled to declare the election of a returned candidate void if he is of opinion that any nomination paper has been improperly rejected. Mr. Murty for the Petitioner, however, points out that in view of the provisions of Section 44 -C, a person whose nomination paper has been rejected is not entitled to raise an election dispute. Section 44 -C(1) of the Act provides: