BASANT KUMAR SAHOO Vs. NRUSINGHA SAMAL

JUDGEMENT

(1.) Petitioner, in writ petition, challenges the judgment dated 20th September, 2003 passed by learned Adhoc Additional District Judge (II), Dhenkanal in Election F.A.O. No.21/4 of 2002 confirming the judgment dated 16.12.2002 passed by learned Additional Civil Judge (Junior Division), Hindol in Election Misc. Case No.6 of 2002 declaring the election of petitioner to the office of Sarpanch, Kadala Grama Panchayat, void and directing a fresh election.

(2.) In response to notice issued by the Election Officer, Hindol (opp.party No.2), petitioner, opp.party No.1 and four other candidates filed nomination for contesting the election to the post of Sarpanch, Kadala Grama Panchayat. After filling of such nomination the present opp.party No.1 filed an objection, Ext.4, before Election Officer to reject the nomination paper of the present petitioner on the ground that sixth child of the petitioner was born in the year, 1996 and therefore, he was disqualified to contest the election in view of Section 25(1) (v) of the Orissa Grama Panchayats Act, 1965 (hereinafter referred to as 'the Act'). In support of such allegation, he filed documents, but the Election Officer after scrutiny accepted the nomination paper of petitioner and conducted the election. Petitioner got the highest number of votes and was declared elected. Opp.party No.1 thereafter filed Election Misc. Case No.6 of 2002 before learned Additional Civil Judge (Junior Division), Hindol challenging the election of petitioner on the said ground. In his counter petitioner claimed that his sixth child Susanta was born on 1.5.1993, i.e., much before the cut off date.

(3.) Both the parties led oral and documentary evidence in support of their respective pleas. Learned Civil Judge after considering such evidence held that the last child of petitioner was born after the cut off date and petitioner is disqualified under Section 25(1)(v) of the Act. Petitioner challenged that order in Election F.A.O. No.21/4 of 2002 before the appellate authority, but the said authority, vide impugned judgment dated 20.09.2003 having confirmed the order passed in Election Misc. Case No.6 of 2002, petitioner has filed this writ petition under Articles 226 and 227 of the Constitution of India with a prayer to quash the orders passed in the above noted election misc. case and appeal.