BHARATI BEHERA Vs. JHILI PRAVA BEHERA

JUDGEMENT

(1.) Whether an Election Case can be re-opened in a routine manner at the behest of one of the parties, after hearing is closed and the matter is adjourned to a future date for pronouncement of judgment, is the question that arises for consideration in that present writ petition.

(2.) The present petitioner is the election petitioner in Election Misc. Case No. 1 of 2012 pending before the learned Civil Judge (Junior Division), Bhuban. Election for the post of Sarpanch of Ekatali Gram Panchayat under Bhuban Block in the district of Dhenkanal was held on 15.02.2012. Opposite party No. 1 Jhili Prava Behera won the election, whereas the present petitioner Bharati Behera lost. At the time of scrutiny of the nomination papers, the present petitioner had objected the nomination of the present opposite party No. 1 on the ground that she is not eligible to contest the election, as she has given birth to three children, namely Sonalika Behera on 02.08.2002, Sibani Behera on 08.05.2006 and Subhransu Sekhar Behera on 24.12.2009 through her husband Nanda Kishore Behera. As all the aforesaid three children were born after the cut off date, i.e. 21.04.1995, opposite party No. 1 is disqualified and is not eligible to contest the election for the post of Sarpanch of Ekatali Gram Panchayat. The Election officer having eschewed the objection, allowed the nomination and opposite party No. 1 got elected by polling highest vote. The petitioner was then obliged to file Election Misc. Case No. 1 of 2012 on the selfsame ground. Opposite party No. 1 filed written statement denying the allegation and took the positive stand that her alleged third child Subhransu Sekhar Behera is, in fact, the son of her husband's younger brother namely Jogananda Behera and his wife Annapurna Behera.

(3.) After the pleading was over, evidence from both the sides were led, though opposite party No. 1 is alleged to have adopted dilly-dally tactics in adducing her part of evidence. Ultimately hearing was closed by the learned Election Tribunal on 08.10.2013 after hearing of the oral argument and the case was posted to 21.10.2013 for delivery of judgment.