JADUMANI PRADHAN Vs. SEWARAM PANSARI

JUDGEMENT

(1.) THIS writ application is directed against an order under S.25 of the Orissa Municipal Act, 1950 (hereinafter referred to as the 'Act') passed by the Election Tribunal (District Judge, Sambalpur) declaring the petitioner's election to the office of the Chairman of Bargarh Municipality as invalid and directing the District Magistrate, Sambalpur to take measures for holding a fresh election.

(2.) THE material facts are these : Petitioner and opp. party No. 1 were candidates for election to the office of the Chairman of Bargarh Municipality scheduled to be held on 31-1-1979. Opposite Party No. 1 presented his nomination paper on 12-1-1979. At the scrutiny, petitioner raised an objection to the nomination of O.P. No. 1 on the ground that he suffered from the disqualification under S.16 (1)(vi) of the Act. THE Election Officer rejected the nomination paper of opp. party No. 1 recording his decision in that regard as follows :