SHYAM SUNDER ROUT Vs. BRAJA KISHOR PRADHAN

JUDGEMENT

(1.) In both these Writ Petitions, the common orders dated 2-9-2003 and 11-9-2003 passed by the learned Civil Judge (Junior Division), Kujang in Election Misc. Case No. 7 of 2002 arc impugned.

(2.) The petitioner in W. P. (C) No. 9765/03 is opposite party No. 1 in Election Misc. Case No. 7 of 2002 pending before the learned Civil Judge (Junior Division), Kujang. He is the elected Sarpanch of Nuadhini Grama Panchayat in the district of Jagatslnghpur. Similarly the petitioner in W.P. (C) No. 10010/03 is the petitioner in the said Election Misc. Case and he is the losing candidate in the election.

(3.) The common point of law which needs determination in these two Writ Petitions is the interpretation of Order 18, Rules 4 and 5 of the Code of Civil Procedure as amended by the Amendment Act of 1976 which carne into force in the year 2002.