AJAYA BEHERA Vs. SK KADAM

JUDGEMENT

(1.) CHALLENGE is made to the order dated 18.4.2013 passed by the learned Single Judge in WP(C) No. 7367 of 2013 dismissing the same and thereby confirming the order dated 8.3.2013 passed by the learned District Judge, Bhadrak in FAO No. 11 of 2013. By order dated 8.3.2013, learned District Judge upheld the order dated 6.2.2013 passed by the learned Civil Judge (Junior Division), Bhadrak in Election Misc. Case No. 60 of 2012, holding, inter alia, that the appellant is disqualified to the post of Sarapanch of Padhanpada Gram Panchayat under Bonth Block in the district of Bhadrak. Heard Mr. S.P. Mishra, learned Senior Advocate, for the appellant.

(2.) MR . Mishra, learned Senior Advocate, argues with vehemence that the learned Single Judge has not assigned any reason while dismissing the writ application.

(3.) RESPONDENT as petitioner laid an election dispute in the court of learned Civil Judge (Junior Division), Bhadrak, which is registered as Election Misc. Case No. 60 of 2012. The case of the respondent is that the nomination papers for the office of Sarpanch, Padhanpada Gram Panchayat were filed from 7.1.2012 to 12.1.2012. Appellant and respondent filed their nomination papers besides three other persons. The specific case of the respondent is that the appellant's first child Manasi Behera was born on 13.6.1989, second child Subhashree on 15.4.1994, third child Rajashree on 2.2.1997 and fourth child Abhisekh on 4.3.2000. In view of the fact that third and fourth children were born after the cut off date, the appellant was disqualified to hold the post of Sarpanch.