RABINARAYAN DAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Writ Petition involves seeking setting aside of the impugned order dtd. 18/1/2023 passed in Election Petition No.4/22 by the Civil Judge (Jr.Divn.), Kujanga appearing at Annexure-1.

(2.) Order involves allowing the prayer of the Election Petitioner for re-counting of votes involving election for the post of Sarapanch of Hansura Grama Panchayat, Kujanga with further prayer for making available of the ballot box containing the ballot papers of the above Constituency for recounting purpose on 10/2/2023. By operation of the interim direction of this Court on the closure of the proceeding for delivery of judgment, the recounting process has been halted awaiting judgment of this Court.

(3.) Factual background involving the case is O.P.2 herein effected Notification No.246 notified for election to the Offices of the Panchayati Raj Institutions in the State to be conducted as per the fixed schedule therein. Such Notification was published by the Election Officer on 13/1/2022 fixing filing of nomination to 17-21/1/2022, scrutiny of nomination was scheduled to be held on 22/1/2022, publication of final list of candidates was fixed to 25/1/2022, date of polling was fixed to 16/18//20/22/24 of February, 2022 for respective Constituencies and also fixing the date of counting of votes and declaration of result from 26-28/2/2022. Pleading discloses, the Petitioner and O.P.5 filed their respective nominations to contest the post of Sarapanch of Hansura Grama Panchayat. The Petitioner was assigned with "Sun" as ballot symbol and O.P.5 was "Book (open)" as the ballot symbol. Pleading further discloses, there was total number of votes polled 2090. As per the result, the Petitioner got 821 votes and O.P.5 got 820 votes, resultantly the Petitioner was declared as the successful return candidate by O.P.4, the Election Officer on 2/3/2022. O.P.5 being aggrieved as the defeated candidate brought Election Petition No.4/22 with the following relief :-