HARIBANDHU SATPATHY Vs. CHANDRASEKHAR SURENDRA SINGH

JUDGEMENT

(1.) THE petitioner Haribandhu Satpathy was a Sarpanch of Mancheswar Gram panehavet. Athgarh Subdivision, in the district of Cuttack until he was removed on a no-confidence motion passed against him. The petitioner challenges the election of his rival opposite party No. 1 Chandrasekhar Surendra Singh who, in the casual vacancy thus occurred, was elected at a by-election held by the Election Officer on november 29, 1963 after notice dated November 18, 1963 by the Election Officer who fixed the date of the by-election.

(2.) THE voting position at the by-election was this: Total number of voters was 24 including the 2 candidates who were left out. So out of the remaining 22 voters. 8 voted for the petitioner and 14 for rival candidate who was declared elected,

(3.) THE petitioner Haribandhu Satpathy had filed a petition challenging the election of his rival under Rule 24 of the Orissa Gram Punchayet Rules. 1949 before the sub-Divisional Officer. Athgarh who declared that the election of Chandrasekhar surendra Singh is valid and accordingly dismissed the petitioner's petition. It is against this order of the Sub Divisional Officer that this writ petition has been filed in this Court.