MAHENDAR PRASAD ROUT Vs. ELECTION OFFICER

JUDGEMENT

(1.) Petitioner and opposite parties 2 to 5 were candidates for election to the post of Sarpanch of the Kasaba Jaipur Grama Panchayat in the district of Balasore. Nomination papers were filed on 9th of March, 1975 and on the same day scrutiny thereof was taken up by the Election Officer. Opposite party No. 5 claimed at the time of scrutiny that petitioner was disqualified under Section 25 (1) (I) of the Orissa Grama Panchayat Act (hereafter referred to as the "Act") as he being a member of the Khanta-pada Service Co-operative Society had failed to pay paddy loan of the year 1955 together with interest in spite of service of notice on him. The objection was upheld and petitioner's nomination paper was rejected. Petitioner has asked for writ of certiorari to quash the order of rejection of the nomination.

(2.) Counter affidavits have been filed on behalf of the Election Officer (opposite party No. 1) and by opposite party No. 2 justifying the rejection of the nomination paper on the basis that petitioner was disqualified under the provisions of Section 25 (1) (1) of the Act. It was claimed that relief by way of an election petition was available under the Act and since the fact as to whether petitioner was in arrears was in dispute, the matter should be left to be adjudicated on the basis of evidence in the prescribed forum.

(3.) Mr. Misra for petitioner claimed that the factual dispute need not be examined as petitioner would succeed on the admitted position that there has been no adjudication in regard to the default. He placed reliance on three reported decisions of this Court in support of his claim.