GIRISH CHANDRA PATRA Vs. ELECTION OFFICER, ADHANGAGARH GRAMA PANCHAYAT-CUM-BLOCK DEVELOPMENT OFFICER AND ORS.

JUDGEMENT

(1.) FACTS may be stated in short to appreciate the points in issue. The Election Officer (opposite party No. 1) invited nomination papers to be filed by candidates for election of Sarpanch to the Adhangagarh Grama Panchayat to be held on 30th April, 1975. Petitioner and opposite parties 2 to 4 contested the election. Opposite party No. 2, Petitioner, opposite party No. 3 and opposite party No. 4 respectively secured 1350, 1311, 371 and 142 votes. Opposite party No. 2 having secured the maximum number of votes was duly declared elected. Petitioner's case is that the Election Officer illegally and without, jurisdiction included the village Sankarpur in the Adhangagarh Grama. Ward No. 11 consisted of a part of village Sankarpur. Petitioner, opposite party No. 2, opposite party No. 3 and opposite party No. 4 respectively got 17, 79, 25 and 72 votes from Ward No. 11. Ward No. 12 consisted of a part of Sankarpur village and the whole village Saraikona. Petitioner, opposite party No. 2, opposite party No. 3 and opposite party No. 4 respectively got 30, 81,19 and 35 votes from Ward No. 12. The Petitioner was defeated by opposite party No. 2 only by 39 votes. Opposite party No. 2 got 62 votes more than the Petitioner only from Ward No. 11 and if the Sankarpur votes are excluded the Petitioner should, be declared to have been elected by securing majority of votes in the election from the Adhangagarh Grama. He accordingly prays that the election of opposite party No. 2 as Sarpanch of the Adhangagarh Grama Panchayat be declared void and for a direction for holding a fresh election to the office of Sarapanch of the Adhangagarh Grama Panchayat by excluding the voters of Sankarpur village.

(2.) THE following questions arise for consideration:

(3.) CONSTITUTION of Grama: (1) The State Government may for the purposes of this Act by declaration notified in the Gazette constitute any village or group of contiguous villages as a Grama and assign to such Grama a name which shall be of one of the village comprised within the Grama. Explanation. Villages intervened only by forest areas, hills, streams, rivers and such other natural barriers and lands, not forming part of any village, may be treated as contiguous villages.