NARAYAN SAMANTA Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THE Petitioner, a resident of the Jajpur Municipality in the district of Cuttack, has asked for on appropriate writ for quashing of the elections of opposite parties 4 to 18 as Councillors of the Jajpur Municipality held on 31.5.1973 on the ground that the wards had been altered and constituted in contravention of the provisions of Section 4 of the Orissa Municipal Act, 23 of 1950 (hereinafter referred to as the "Act") and, therefore, the entire election was vitiated.

(2.) THE Jajpur Municipal Council consisted of 12 Wards with 13 Councillors as in Ward No. 12 two Councillors were to be elected, the same being a reserved seat. By notification (Annexure. 2) issued on 7th of March, 1973, purporting to be in exercise of Section 2(2) of the Act, the State Government redivided the Municipality into 15 Wards and 17 Councillors were to be elected as Ward numbers 5 and 6 were to have two seats each with one reserved for the Scheduled Castes in each of them. Election was held on 31.5 -1973. The Petitioner was a candidate from Ward No. 4 contesting against opposite party No. 18. He lost to him by a margin of 30 votes. The Petitioner challenges the entire election on the ground that the division made under Annexure.2 required steps to betaken under Section 4 of the Act as a condition precedent "and in the absence of such statutory steps re -division of the Municipality and altering the number of Councillors are unauthorised.

(3.) THE writ application is accordingly dismissed as devoid of merit. The opposite parties 4 to 18 have not entered appearance. The Petitioner must, therefore, pay the costs of this proceeding to learned Additional Government Advocate appearing for opposite parties 1 to 3. Hearing fee is assessed at rupees fifty.