CHANDRAKANTI JENA Vs. BANALATA JENA

JUDGEMENT

(1.) THE petitioner was elected as the Sarpanch of Alando Grama Panchayat in the district of Jagatsinghpur in the election held in 2002. Opposite party No. 1 who was also contesting for the post of the said Sarpanch in the election challenged the election of the petitioner under Section 31 of the Orissa Grama Panchayat Act before the Civil Judge (Junior Division), Jagatsinghpur, the Election Tribunal which was registered as Election Misc. Case No. 25 of 2002. The sole ground on which opposite party No. 1 prayed to set aside the election of the petitioner as Sarpanch was that the petitioner having not attained the age of twentyone years, as mandatorily required under Section 11 of the Orissa Grama Panchayat Act, was not eligible to contest the election. According to opposite party No. 1, the date of birth of the petitioner, as appears from her High School Certificate issued by the Board of Secondary Education, Orissa was '15.12.1982' and as such on the date fixed for filing the nomination for election, her age was nineteen years, one month and two days.

(2.) THE contentions raised in the Election Misc. Case were strongly repudiated by the present petitioner in her objection stating inter alia that she was not below twentyone years of age on the date of filing of the nomination. According to her, she was shown more than twentyone years in the Voters List and as such was eligible to contest the election.

(3.) BEING aggrieved by the said order of the Election Tribunal,the present petitioner preferred an appeal before the District Judge,Cuttack which was registered as Election Appeal No. 6 of 2003.The appellate Court also after analysing the evidence on recordand the law on the point arrived at the conclusion that there wasnothing to interfere with the judgment and order of the ElectionTribunal and dismissed the appeal, thereby upholding the findingsof the Election Tribunal. The judgments and orders passed by theElection Tribunal and the appellate Court are sought to be challengedbefore this Court invoking the Writ Jurisdiction under Articles 226and 227 of the Constitution of India. '