MANOJ DAS Vs. GANESH SAHOO

JUDGEMENT

(1.) This writ petition involves a challenge to the order dtd. 25/4/2022 passed by the Civil Judge (Jr. Divn.)-cum-Election Tribunal, Jajpur in Election Misc. Case No.4 of 2022 i.e. a dispute under the provisions of the Odisha Grama Panchayats Act, 1964 hereinafter in short be reflected as "the Act, 1964". This writ petition involves only rejection of application for transposition of the present Petitioner as Petitioner in the Election Petition No.4 of 2022 on the withdrawal of the Election Petition.

(2.) Factual background as narrated and disclosed in the course of hearing appears to be, election for the post of Sarpanch in Alakund Gram Panchayat under Binjharpur Panchayat Samiti was held on 20/2/2022. All total seven candidates including the present Petitioner and Opposite Party Nos.1 and 2 herein filed their nomination. Out of seven candidates Opposite Party No.2 namely Sushant Das got elected for polling maximum votes. Present Petitioner secured second position, however, Opposite Party No.1 herein being defeated candidate positioned at Sl.No.2 in the defeated candidate list for polling votes next to the present Petitioner herein.

(3.) Challenging the election of Opposite Party No.2 herein the Opposite Party No.1 herein filed Election Dispute vide Election Case No.4 of 2022 and the present Petitioner was impleaded there as Opposite Party No.2. In the election dispute after issuance of notice and filing of written statement the election Petitioner, the present Opposite Party No.2 had colluded resulting Opposite Party No.1 herein filed application for withdrawal of the Election Petition on the premises that it is not possible on his part to collect evidence to satisfy his case. Petitioner in the present writ petition being the defeated candidate and as the election Petitioner colluded to frustrate the election dispute, brought an application U/o.23 Rule 1-A read with order 1 Rule 10 of the C.P.C. Both these applications were taken together and the Election Tribunal came to allow withdrawal of the election dispute and in the same order dtd. 25/4/2022 at Annexure-5 refused the prayer of the present Petitioner for transposing him in place of the election Petitioner. Hence this writ petition.