ANIRUDHA JENA Vs. GOPAL PANDA

JUDGEMENT

(1.) An interim order passed by the learned Civil Judge (Junior Division), Bhadrak in Election Case No. 63 of 2002, acting as the Election Tribunal under the Orissa Grama Panchayat Act, 1964 directing re-assessment/re-examination of votes in respect of Polling Booth Nos. 4 to 9, 11, 12 and 14 in respect of election of Sarpanch of Bonth Grama Panchayat in the district of Bhadrak is impugned in this Writ Petition mainly on the following grounds :-

(2.) The petitioner was elected Sarpanch of Bonth Grama Panchayat in the election held on 21st of February, 2002. The said election was challenged by opposite party No. 1 before the learned Civil Judge (Junior Division), Bhadrak by filing a petition under Section 31 of the Orissa Grama Panchayat Act, registered as Election Case No. 63 of 2002. Opposite party No. 1, among many other grounds, specifically alleged and averred in the said petition that the supporters of opposite party No. 1 were not allowed to enter into different Booths and there was not only rigging and booth capturing, but also double voting. It was also alleged that some of the votes which ought to have been counted in favour of opposite party No. 1 were illegally rejected; whereas some of the votes which were liable to be rejected were counted in favour of the petitioner, it is pertinent to mention here that the difference of votes among the petitioner and opposite party No. 1 was only 'four'.

(3.) In course of hearing, a petition was filed on behalf of opposite party No. 1 before the Civil Judge (Junior Division) praying inter alia for issuance of direction for recounting of the votes and re-examination of the ballot papers. By order dated 27th January, 2003 the Court below allowed the said petition and directed recounting of all the votes. Challenging the said order, the present petitioner filed W.P. (C) No. 1081 of 2003 before this Court and by order dated 4th February, 2003 the order of the Civil Judge dated 27th January, 2003 was set aside and the matter was remanded to the Civil Judge for reconsideration and deciding the matter in accordance with law. It was observed by this Court that the order directing recounting of votes was not supported by any reason. Thereafter the matter was heard by the Civil Judge at length and the impugned order dated 20.2.2003 (Annexure-1) was passed wherein it was held:-