KAMINI DAS Vs. UPENDRA BISWAL

JUDGEMENT

(1.) On consent of the parties, both the writ applications were heard analogously and are disposed of by this common judgment.

(2.) UPENDRA Biswal, petitioner in W.P. (C) No.1866 of 2004 filed Election Misc. Case No.5 of 2002 in the Court of Civil Judge (Junior Division), Jagatsinghpur challenging to the election of Kamini Das, petitioner in W.P. (C) No.4838 of 2003, as the Sarpanch of Badagaon Grama Panchayat under Balikuda Panchayat Samiti in the district of Jagatsinghpur. For the sake of convenience, hereinafter Upendra Biswal is described as the 'applicant' and Kamini Das as the 'opposite party'.

(3.) BOTH the parties adduced oral and documentary evidence in support of their respective pleas. On assessment of such evidence, learned Civil Judge on 13.02.2003 delivered the judgment with the finding that evidence on record and particularly the Matriculation Certificate granted by the Board of Secondary Education, Orissa - Ext.2, proves age of the opposite party to be less than 21 years and therefore she was not qualified to contest for the post of Sarpanch. Accordingly, learned Civil Judge declared the election of the opposite party as invalid and simultaneously declared the applicant as the elected Sarpanch having secured the second highest vote.