SABITRI DAS Vs. SARASWATI BARIK

JUDGEMENT

(1.) THE petitioners have filed this writ petitioner praying for transfer of Election Dispute Case No.9 of 2002 from the Court of Civil Judge (Junior Division), Pattamundai to the Court of Additional District Judge, Kendrapara for trial along with Election Dispute Case Nos.1 and 2 of 2002 pending on his (Additional District Judge, Kendrapara) file.

(2.) PETITIONER No.1 is the wife of petitioner No.2. Petitioner No.1 has been elected as Sarpanch of Kantapada Gram Panchayat. Petitioner No.2 has been elected as one of the members of the Zilla Parishad, Kendrapara. Opp. Party No.1 has filed Election Dispute Case No.9 of 2002 challenging the election of petitioner No.1 in the Court of Civil Judge (Junior Division), Pattamundai. Similarly Election Dispute Case Nos. 1/5 of 2002 and 2/6 of 2002 have been filed against petitioner No.2 by Opp. Party Nos. 3 and 4 respectively in the Court of Additional District Judge, Kendrapara. Elections of both the petitioners are under challenge on the common ground that they have begotten 3rd child after the cut off date and, as such, they have ensured the disqualification under the provisions of the Orissa Grama Panchayat Act, 1964 and the Orissa Zilla Parishad Act 1991. The contention of the petitioners is that since common issue is involved in the election disputes pending before the two different form, they should be tried together by one forum to avoid conflict of decisions.