SABITA SWAIN Vs. NIRUPAMA SWAIN

JUDGEMENT

(1.) Assailing the order dated 7.9.2013 passed by the learned Civil Judge (Senior Division), Nimapara in Election Misc. Case No. 2 of 2012 rejecting the application filed by the petitioner for recrimination under Section 44-I of the Panchayat Samiti Act, 1959, read with Order 6, Rule 17 of the Code of Civil Procedure by way of amendment of the written statement, this writ petition is filed before this Court.

(2.) The factual matrix of the case, in hand, is that, the last Panchayat Samiti Election for Andhara Icchhapur Gram Panchayat was held on 17.2.2012. The present petitioner, opposite party no.1 and one Sandhyarani Behera filed their respective nominations to the post of Nominee and contested the election. The election was conducted in a very fair manner following due procedure of law and counting of votes was done in accordance with the provisions contained in the Rules governing in the field.

(3.) The result of the election was declared on 22.2.2012. On a demand being made for recounting of votes on the application filed by opposite party no.1, the same was done and finally result was declared describing the present petitioner as elected having secured highest number of votes of 1563. On declaration being made by the Collector, Puri the petitioner was elected to the post of Chairperson of Gop Panchayat Samiti. Opposite party no.1 in order to set aside the election of the petitioner, filed Election Misc. Case No. 2 of 2012 before the learned Civil Judge (Senior Division), Nimapara under Section 44-B of the Panchayat Samiti Act, 1959, hereinafter referred to as "the Act", in short, on the ground of improper addition of two nos. of valid ballot papers at the time of recounting of votes along with other grounds.