GITANJALI SAHU Vs. MAMATA BADATYA

JUDGEMENT

(1.) Judgment dated 12.02.2013 under Annexure-1 passed by the learned Additional Civil Judge (Junior Division), Digapahandi in Election Petition No.1 of 2012 and the judgment dated 20.08.2013 under Annexure-2 passed by the learned District Judge, Ganjam in Election Appeal No.3 of 2013 confirming the judgment passed in Election Petition no.1 of 2012 have been challenged in this writ petition by the petitioner.

(2.) The petitioner, opposite party no.1 and some other candidates contested the election for the office of Sarpanch of Jiura Grama Panchayat under Sanakhemundi Block in the district of Ganjam. In the election the present petitioner got 1015 number of votes as against her nearest rival, opposite party no.1, who secured 760 votes and accordingly the petitioner was declared elected. The petitioner's election as Sarpanch was challenged by opposite party no.1 in the court of the Additional Civil Judge (Junior Division), Digapahandi in Election Petition no.1 of 2012.

(3.) All the allegations made in the election petition were denied by the present petitioner in her show cause. Opposite party no.1 during the course of proceeding before the court below filed a petition on 20.04.2012 for inspection of all used ballots in all the eleven wards of the Grama Panchayat and for recounting the same. In the said petition a reference was made to the averments made in paragraph-7 of the election petition. The petition was resisted by the present petitioner, who filed her objection stating that the averments made in the election petition do not justify inspection of ballots and recounting of votes. It was also stated that on the date of counting neither the election petitioner nor her agents raised any objection. It was also stated that in the election petition no prayer for recounting of ballot papers has been made.