PRASANTA KUMAR SAHOO Vs. CHIRANJAYA SAHOO

JUDGEMENT

(1.) IN this writ application, the petitioner -Prasanta Kumar Sahoo seeks to challenge an order dated 16.3.2005 passed in Election Misc. Case No.1 of 2003 by the learned District Judge, Cuttack, setting aside the election of the petitioner to the post of Corporator of Ward No.35 of the Cuttack Municipal Corporation.

(2.) THE Opp. Party No.1 - Chiranjaya Sahoo, had filed an Election petition under Sections 88 and 89 of the Orissa Municipal Corporation Act, 2003 (hereinafter referred to as 'the Act) seeking to declare the election of the present petitioner to the post of Corporator of Ward No.35 (Chauliaganj) as illegal and void on the allegation that the petitioner herein was disqualified in terms of Section 70(3)(m) of the Act, which is quoted herein below:

(3.) THE petitioner contested the case before the learned District Judge by filing written objection admitting the fact that he has three sons but took a stand that his third son, namely, Ananta Kumar Sahoo was born on 6.5.1995 and not on 6.5.1997 as alleged and since the third son had been born prior to the cut off date, he was not disqualified from contesting the election.