UDAYANATH SWAIN Vs. DILLIP KUMAR ROUT AND ORS.

JUDGEMENT

(1.) This writ petition is directed against the confirming appellate judgment passed in an election dispute, by the learned District Judge, Jajpur in Election Appeal No. 13 of 2013.

(2.) The present petitioner is the elected Sarpanch of Dudhujori Grama Panchayat under Sukinda Block in the district of Jajpur. He was declared elected in the Grama Panchayat Election held in 2012. The present petitioner along with opposite party Nos. 1 and 3 to 6 contested in the election. The petitioner having secured the highest number of votes was declared elected. The present opposite party No. 1 secured the second highest number of votes and opposite party Nos. 3 to 6 secured lesser votes than opposite party No. 1. Opposite party No. 1 initiated the election dispute in the Court of learned Civil Judge (Jr. Division), Jajpur Road -cum -Election Tribunal vide Election Misc. Case No. 2 of 2012 on the ground that the petitioner is disqualified under Sec. 25(1)(v) of the Orissa Gram Panchayat Act, 1964 ('Act' for short), because his fourth child namely Mamali Swain has taken birth on 04.05.1995 after the cutoff date, i.e. 21.04.1995. The admitted case of the parties is that, all the contested parties including the petitioner and opposite party No. 1 filed their nomination papers before the Election Officer within the stipulated period from 07.01.2012 to 12.01.2012. The petitioner filed nomination papers vide Ext. 8, which is an admitted document. Such nomination paper of the petitioner was objected by opposite party No. 1 vide Ext. 9. The reply to the objection has been proved as Ext. 10 and the order of the Election Officer rejecting the objection vide Ext. 9 has been proved as Ext. 11. In Ext. 8, the petitioner has mentioned in his own handwriting that he has only one child namely Ranjan Kumar Swain. Opposite party No. 1 filed election dispute asserting that the petitioner is blessed with four children and they are namely Ranjan Kumar Swain, Sujata Swain, Babita Swain and Mamali Swain. It is further asserted that the date of birth of the fourth child Mamali Swain is 04.05.1995, which is after the cutoff date, i.e. 21.04.1995.

(3.) The petitioner as opposite party No. 2 before the Election Tribunal took the plea that his first two children namely Ranjan Swain and Sujata Swain were adopted by him and the date of birth of Mamali Swain is 13.03.1995 and not 04.05.1995. It is further asserted by the petitioner in his written statement that the date of birth of Mamali Swain was shown as 04.05.1995 in the School Admission Register only for the purpose of her service benefits in future.