ABHAN SINGH Vs. ELECTION OFFICER RAIGHARA GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioner was a candidate for election to the office of Sarpanch of the Raighara Grama Panchayat for which he had filed his nomination. Opposite Party 3, Dhanuram Ganda, raised an objection against the candidature of the petitioner on the ground that the petitioner had been described as Abhan Singh Rajput at serial No. 82 against Holding No. 43 of the electoral roll whereas he had signed the nomination paper as Abhan Singh without mentioning 'Rajput' after his name. The Election Officer-Opposite Party No. 1 by his order D/-24-12-83 rejected the nomination paper of the petitioner on the ground that the petitioner's name did not tally with the name given in the electoral roll. Consequently, the list of validly nominated candidates did not contain the name of the petitioner for which he could not contest the election. Therefore, the petitioner has prayed for quashing of Annexure-2 and also for quashing the election held without giving him an opportunity of contesting the said election.

(2.) Opposite party No. 1, the Election Officer, has filed a counter affidavit contending that the rejection of the petitioner's nomination paper is in accordance with the provisions of the Orissa Grama Panchayat Election Rules, 1965 and that the grievance made by the petitioner is untenable in law. It has also been stated that the objection in regard to the discrepancy in the name of the petitioner was raised by opposite party No. 3 who was also a candidate and had filed nomination to contest the said election. The nomination paper of opposite party No. 3 was rejected by the Election Officer on the ground that the same had not been properly filled in. Against the said rejection, opposite party No. 3 has filed a separate writ application in this Court being O.J. C. No. 77 of 1984. It has been contended on behalf of opposite party No. 1 that as an alternative remedy by way of an election petition is available to the petitioner in this case as also to opposite party No. 3 (petitioner in O. J. C. No. 77 of 1984), the extraordinary jurisdiction under Arts.226 and 227 of the Constitution cannot be invoked.

(3.) Rule 28, Orissa Grama Panchayat Election Rules, 1965, provides that no person shall be eligible to stand as a candidate for the office of Sarpanch unless his name finds place in the electoral roll of the Grama. R.29 of the said Rules provides :