SRIDHAR GANTHA Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THE interim order dated 15.5.2003 passed by the learned Civil Judge (S.D.), Koraput in I.A. No. 12 of 2003 declining to stay operation of the order passed in Election Misc. Case during the Pendency of a review petition is impugned in this case.

(2.) THE petitioner was elected as a Samiti Member of Kumbhari Gram Panchayat under Narayan Patna Block. Thereafter, he was elected as the Chairman of the said Block. While the matter stood thus, an Election Petition was filed by Opp. Party No. 2 under Section 44 -B of the Orissa Panchayat Samiti Act, 1959 (hereinafter referred to as 'the Act'), inter alia, challenging the election of the petitioner as a Member which was registered as M.J.C. No. 14 of 2002. Another Election Petition was also filed challenging the election of the petitioner to the post of Chairman of Narayan Patna Block on identical grounds i.e., the petitioner was not eligible to get elected from reserved constituency and as such his election is liable to be set aside.

(3.) MR . Das, learned counsel for the petitioner in course of argument drew our attention to the proviso to Section 44 -J of the Act and submitted that it was incumbent upon the Election Commissioner to direct stay of operation of the order, challenging which a review has been filed. According to Mr. Das, the word 'may' used in the proviso should be construed as 'shall'. According to Mr. Das, the Court below without properly understanding the proviso to Section 44 -J, has declined to stay operation of the order and the impugned order is, thus, not sustainable in law.