(1.) The present Writ Petition has been filed inter alia challenging order dt.29/9/2022 so passed by the learned Civil Judge (Jr. Divn.), Balasore in Election Misc. Case No.20 of 2022 under Annexure-8. Vide the said order, learned Court below while condoning the delay in filing the election Petition, held the election petition as maintainable. Learned Sr. Counsel appearing for the Petitioner contended that challenging the election of the Writ Petitioner as Sarpanch of Tentulida Gram Panchayat, Opp. Party No.1 filed Election Misc. Petition in Election Misc. Case No.20 of 2022.
(2.) It is the contention of the learned Sr. Counsel appearing for the Petitioner that the result of the election though was published on 28/1/2022 and Petitioner was declared as the Sarapanch, but Opp. Party No.1 on the face of the provisions contained under Sec. 30 and 31 of the Orissa Gram Panchayat Act, 1964 (in short, 'the Act'), filed the election petition on 4/5/2022.
(3.) Mr. D. Samal, learned counsel appearing for Opp. Party No.1 on the other hand raised a preliminary objection with regard to maintainability of the Writ Petition, relying on the provisions contained under Sec. 38 of the Act. Placing reliance on the provisions contained under Sub-Sec. 3 and 4 of Sec. 38 of the Act, it is contended that the impugned order being an appealable one, the Petitioner has to approach the District Judge having jurisdiction over the issue. Sec. 38 of the Act reads as follows:
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