BANCHANIDHI SAHU Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) STEPS were taken to hold election for the post of Sarpanch for the Gopalpur Grama Panchayat within the Ranapur Police Station of the district of Puri under the provisions of the Orissa Grama Panchayat Act. On 5th of March, 1975, Petitioner and one Dhruba Charan Manasingh filed their nominations for such election. 5th of March, 1975 was also fixed for scrutiny of nominations. Dhruba Charan challenged the nomination of Petitioner on the ground that he had been convicted of an offence punishable under Section 379 of the Indian Penal Code and sentenced to seven months' rigorous imprisonment and as such was disqualified under Section 25(1)(g) of the Orissa Grama Panchayat Act (hereinafter referred to as the' Act') from contest. Petitioner did not dispute his conviction but took the stand that he had preferred an appeal in the Court of the Sessions Judge of Puri and that appeal was pending disposal. Until the conviction had become final, the disqualification could not operate. Opposite party No. 3 upheld the objection raised by Duruba Charan and rejected the nomination of Petitioner. This writ application challenges the order of rejection of nomination.

(2.) DHURUBA Charan, upon whose objection the nomination of Petitioner has been rejected, has not been impleaded as a party to this application. Since upon his objection. Petitioner's nomination had been rejected, it was appropriate that Dhruba Charan should have been impleaded and afforded an opportunity of being heard before his contention which had been accepted at the original stage was disturbed, if at all, by this Court. Petitioner has not offered any reasonable explanation as to why Dhruba Charan has not been impleaded.

(3.) In the counter affidavit filed by the Block Development Officer on behalf of the opposite parties. the details of facts leading to the rejection of the nomination of Petitioner have been furnished and also a copy of the order of rejection of nomination has been provided as Annexure -B.