DHIRENDRA PANDUA Vs. ELECTION

JUDGEMENT

(1.) The petitioner calls in question the order/judgment (Annexure -2) dated 16.11.2004 of the Election Tribunal -cum -District Judge, Balasore (O.P. No. 1) passed in Election Misc. Case No. 7 of 2003.

(2.) THE present writ petitioner Dhirendra Pandua (O.P. No. 1 before the Election Tribunal) contested from Ward No. 5, Basudevpur N.A.C. on 19.9.2003 so also Opp. party No. 5 -Surendra Chandra Mohanty from Ward No. 15. Both of them were elected from their respective wards as Councillors as per the election result dated 20.9.2003. The writ petitioner contested and was also elected as the Chairman of the N.A.C. on 30.9.2003. The present Opp. Party No. 5 filed an Election Petition dated 15.10.2003 under Section 38 of the Orissa Municipal Act, 1950 (hereinafter referred to as the 'Act') alleging disqualification of the writ petitioner under Sections 16(i)(iv) and 17(1)(b) of the Act.

(3.) THE writ petitioner contested the case denying the allegation and claimed himself to have been cured on the date of election for Councillor as well as the Chairman of the N.A.C. Both the parties examined two witnesses each and also placed reliance on documents i.e., Exts. 1 to 12 on behalf of Opp. Party No. 5 and Exts. A and B on behalf of the writ petitioner.