SBATI BEHERA Vs. SUBASI NAYAK

JUDGEMENT

(1.) This matter referred to this Bench in view of a difference expressed by Hon'ble Shri Justice P.K. Tripathy (the then was) and Hon'ble Shri Justice P. Mohanty. Whereas Hon'ble Shri Justice P.K. Tripathy not finding any merit in the writ petition, had directed its dismissal, Hon'ble Shri Justice P. Mohanty, on the other hand, had directed the writ petition be allowed.

(2.) The essential facts of this case briefly noted are that the writ petitioner-Sebati Behera and opposite party No.1-Subasi Nayak had both contested for the post of Sarpanch of Kalada Grama Panchayat under Parjang P.S. in the district of Dhenkanal. The said post of Sarpanch was reserved for candidates belonging to Scheduled Castes. Necessary nominations was filed along with necessary caste certificates and the Election Officer had been accepted the nominations after scrutiny. Both the candidates contested the said election and the petitioner ultimately succeeded in the election and was declared elected.

(3.) It is important to note herein that the petitioner-Sebati Behera had been granted a caste certificate in her favour describing her sub-caste is 'Dewar' (Kaibarta), copy of which is available at Annexure-3.