RAMA NARAYAN BADAPANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The importance of a symbol in a ballot paper is the pivotal question that needs adjudication in this writ application

(2.) THE factual position is undisputed and has a very secondary role to play in the dispute, and therefore, the essential features are indicated as follows : Petitioner and Chittaranjan Misra (opp. party No. 3) were the contesting candidates for election as member of Dungripalli -Binika Agricultural Co -operative Society (Zone 4). Necessary steps for such election in terms of Section 28 -A of the Orissa Co -operative Societies Act, 1962 (in short, the 'Act').and.Rule 5 of the Orissa Co - operative Societies (Elections to the Committees) Rules, 1992 (in short, the 'Election Rules') were taken by the concerned authorities. Petitioner and opp. party No. 3 were allotted symbols 'tubewell' and 'fish' respectively, but in the ballot papers given to the electors the symbols were printed wrongly. Against the name of petitioner, 'fish' symbol was printed, and against name of opposite party No. 3 'tubewell' symbol was printed. The Assistant Election Officer (leave reseve) -cum -Assistant Registrar of Co -operativa Societies, attached to the office of Deputy Registrar of Co -operative Societies, Bolangir noticed the change at about 12 noon on 22 -4 -1994 and reported the matter to the Election Officer (opp. party No. 2). An objection was also filed by the petitioner before the Election Officer of Bolangir District Central Co -operative Bank Limited and the Deputy Registrar of Co -operative Societies, Balangir Division, Balangir that on account of change he has been materially prejudiced; the electors were confused and there was unfairness in the election. The objection was overruled by the concerned Election Officer primarily on the ground that though the change as claimed was there, the electors being literate persons and the names of candidates having been printed in the baliot papers no prejudice was caused to the petitioner.

(3.) OPP . party No. 3 has not entered appearance in spite of notice.