GANGADHAR BHATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) BOTH the aforesaid Writ applications relate to the election of Gangadhar Bhatra, the petitioner in both the cases, to the office of Sarpanch, Pondosguda Grama Panchayat in the election held in the year 2002. As the cause of action in both the Writ applications is the same, the matters were heard together and are being disposed of by this common judgment.

(2.) ADMITTEDLY , Gangadhar Bhatra filed his nomination for contesting the election held in the year 2002 for the office of Sarpanch, Pondosguda Grama Panchayat. After scrutiny his nomination was accepted and he was elected as the Sarpanch. After declaration of the result, Rupadhar Pujari, the opposite party in W.P. (C) No. 4856 of 2003, one of the defeated candidates in the election, raised an election dispute in consonance with the provisions of the Orissa Grama Panchayat Act, before the Civil Judge (J.D.), Jeypore which was registered as M.J.C. No. 8 of 2002. It was contended by the petitioner in M.J.C. No. 8 of 2002 that as the present petitioner Gangadhar Bhatra had more than two children, he was not eligible to contest the election in consonance with Section 11 of the Orissa Grama Panchayat Act. It was also alleged that Gangadhar Bhatra had three sons, namely, Saheb Naik alias Bhatra aged 21 years, Bulu Naik alias Bhatra born on 24.7.1993 and Lulu Naik alias Bhatra born on 7.7.1998, which was much after the cut -off date and as such he was not eligible to stand for election.

(3.) THE petitioner appeared in M.J.C. No. 8 of 2002 before the Civil Judge (J.D.), Jeypore and filed his counter denying the allegations. It was averred that he had only one son, namely, Bulu Naik alias Bhatra through his legally married wife and the other two children were illegitimate children born through a concubine.