DWIJA BHOI Vs. STATE

JUDGEMENT

(1.) Both these writ applications arise out of an election under the Orissa Gram Panchayat Act, 1964 (Orissa Act 1 of 1965) (hereinafter referred to as the 'Act') and the Orissa Gram Panchayat Election Rules, 1965 (hereinafter referred to as the 'Rules').

(2.) The Election Officer, opposite party No.3, by notice dt. 19-12-1983 invited nominations for election to the office of Ward Member for Wards Nos. 8 and 9 of the Balipada Gram Panchayat in the district of Puri. Dwija Bhoi, petitioner in O.J.C. No. 40/84, filed his nomination for election to the office of Ward Member for Ward No. 9 while Purnachandra Nanda, petitioner in O.J.C. No. 41/84 filed his nomination for election in respect of Ward No. 8 in Form No. IV under Rule 29 of the Rules. The Election Officer rejected their nominations on the ground that the petitioners did not mention their age in the declaration in Form No. IV. Form No. IV is quoted below : <FRM>JUDGEMENT_88_AIR(ORI)_1986Html1.htm</FRM>

(3.) By these writ applications the petitioners challenge the action of the Election Officer, opposite party No. 3, in rejecting their nomination papers on the grounds that the order of rejection is arbitrary and illegal.