JAGABANDHU BARIK Vs. KUMUDINI NAYAK

JUDGEMENT

(1.) THIS writ petition has been filed challenging the judgment dated 26.02.2013, passed by the learned District Judge, Jajpur, in G.P. Election Appeal No.01 of 2013, dismissing the same and confirming the judgment dated 04.01.2013, passed by the learned Civil Judge (Jr. Division), Jajpur, in Election Case No.03 of 2012, holding the petitioner disqualified for the post of Sarpanch of Mangarajpur Grama Panchayat and declaring the opposite party as the Sarpanch of the said Grama Panchayat.

(2.) THE brief facts of the case as detailed in the writ petition is that the petitioner and the opposite party contested the election for the post of Sarpanch of Mangarajpur Grama Panchayat, which was held on 13.02.2012. In the said election, after counting of votes, the petitioner was declared elected. The opposite party challenged the election of present petitioner in Election Case No.03 of 2012, before the Civil Judge (Jr. Division), Jajpur, mainly on the ground that the petitioner has three children after the cut-off date, i.e. 18.04.1994, namely, Smitarani Barik, Jyotismita and Bhakti Prasad, who were born on 10.04.2000, 20.05.2002 & 07.07.2009 respectively and therefore he is disqualified for being elected as Sarpanch, as per the provisions of Section 25(1)(v) of the Orissa Grama Panchayat Act, 1964 (the 'Act' in short). Accordingly, opposite party prayed for declaring the petitioner disqualified for the post of Sarpanch of Mangarajpur Grama Panchayat and to declare the opposite party as the elected Sarpanch.

(3.) ON the pleadings of the parties learned Trial Court framed as many as five issues for consideration, out of which Issue Nos.III and IV were the vital issues, which are as follows :