SUJATA MALLICK Vs. CHINMAYEE BEHERA

JUDGEMENT

(1.) This Writ Petition is at the instance of the Election Petitioner involves a challenge to the impugned order at Annexure-11 passed by the Election Tribunal-Civil Judge (Junior Division), Salipur in Election Petition No.04 of 2022.

(2.) Factual background as pleaded in the Election Petition as well as in the objection of the contesting Opposite Party No.1 appears to be Government of Odisha, Panchayatiraj and D.W. Department by order under Sec. 12 of the Odisha Gram Panchayat Act, 1964 published in the official Gazette on 8/1/2022 calling upon all Gram Panchayat except Dhinkia Gram Panchayat under Ersama Block to elect the Ward Member and Sarapanch for the purpose of constituting the Gram Panchayats. It is pursuant to above, the State Election Commission under the provision at Article-243-K of Constitution of India and Rule 13 read with Rule-18, 47 and 75 of the Odisha Gram Panchayat Election Rules, 1965 fixed dates for filing of nomination form from 17/1/2022 to 21/1/2022. The Petitioner and Opposite Party No.1 filed their respective nomination forms before the Election Officer in the Palada Gram Panchayat Office. On scrutiny both the Petitioner and Opposite Party No.1 were declared as validly nominated candidates for election for the post of Sarapanch of Palada Gram Panchayat under Nischintakoili Block of Cuttack District.

(3.) On the election symbol being allotted, election was scheduled to be held on 18/2/2022. The election being held on 18/2/2022, result was declared on 27/2/2022, the Opposite Party No.1- Chinmayee Behera was declared to be elected as Sarapanch of the Palada Gram Panchayat. It is claimed that the Petitioner having 'Fish' as election symbol secured 913 votes whereas the winning candidate Chinmayee Behera- the contesting Opposite Party No.1 secured 915 votes with 17 votes rejected. The Election Petitioner challenging the declaration of election in favour of the contesting Opposite Party No.1 on the premises through paragraph-7 to 15 reads as follows:-