MANJURANI THANAPATI Vs. ANANDINI PUJAHARI

JUDGEMENT

(1.) HEARD learned counsel for the parties. This writ petition has been filed by the elected Sarpanch of Charda Grama Panchayat under Binka Block in the district of Subarnapur, challenging the order dated 10.1.2013, passed by the Civil Judge (Jr. Divn.), Sonepur, in G.P. (Election) Case No. 06 of 2012, rejecting the petitioner's application filed under Order 7 Rule 11 C.P.C.

(2.) THE brief facts of the case is that the petitioner and opposite party Nos. 1 and 2 contested the election for the post of Sarpanch of Charda Grama Panchayat in the district of Subarnapur, which was held on 21.2.2012. In the result announced, the present petitioner was declared elected as Sarpanch of Charda Grama Panchayat by majority of votes. Being aggrieved by the result of the election, the opposite party No. 2 filed G.P. Election Case No. 06 of 2012 before the learned Civil Judge (Jr. Divn.), Sonepur. On receipt of notice, the present petitioner appeared and filed her objection/show -cause, denying the allegations/averments made in the election petition.

(3.) ON a perusal of the impugned order, it is seen that after completion of pleadings of the parties, issues have been framed and one of the issues is with regard to the existence of any cause of action. It also reveals that earlier a petition had been filed by the present petitioner regarding maintainability of the election petition, which had been rejected. Subsequently, after commencement of the trial, petitioner filed another application under Order 7 Rule 11 C.P.C., praying for rejection of the election petition on the ground that the election petition does not disclose any cause of action and further the provisions of Order 6 Rule 15(2) and (3) and Order 7 Rule 14 C.P.C. have not been complied.