DHABALESWAR SAHU Vs. ASHOK KUMAR SAHU

JUDGEMENT

(1.) This writ petition is directed against the judgment/orders passed by the Addl. Civil Judge (Jr. Division), Purushottampur, in Election M.J.C. No.5 of 2002 and judgment and order dated 27.3.2006 passed by the Addl.District Judge (Fast Track Court), Chatrapur in Election Appeal No.1 of 2006 dismissing the appeal filed by the petitioner herein. By the said judgment/order the election petition filed by the opposite party was allowed and election of the petitioner to the office of Sarpanch of Gandala Grama Panchayat of the year 2002 was declared as null and void.

(2.) The brief facts of the case are that the election to the office of Sarpanch of Gandala Grama Panchayat was held in the year 2002. The petitioner and opposite party both filed their nomination papers which were scrutinized in 2002. At that time the opposite party had filed a complaint petition before the Election Officer to the effect that the petitioner was the father of four children and was thus disqualified to contest the election. But the Election Officer ignored the protest made by the opposite party and allowed the petitioner to contest the election. Thereafter the opposite party approached the District Collector-cum-Chief Election Officer, Ganjam, Chatrapur. He also did not pay any heed to it and declared the result in favour of the petitioner. The election to the office of the Sarpanch was held on 19.2.2002 and the result thereof was declared on 28.2.2002 declaring the petitioner as elected Sarpanch.

(3.) Being aggrieved, the opposite party filed an Election Petition, which was registered as Election M.J.C. No.5 of 2002. The Election Petition was decided by the Addl. Civil Judge (Junior Division), Purushottampur, District Ganjam. In the said election-petition, opposite party prayed for holding the office of Sarpanch by the instant petitioner of Gandala Grama Panchayat as null and void, in view of the provisions of the Orissa Grama Panchayat Act (for short 'the G.P. Ac') and further to declare him as the elected Sarpanch of the said G.P. The writ petitioner (opposite party before the trial Court) had filed his counter reply, inter alia mentioning therein that till the scrutiny of the nomination paper the opposite party had not filed any objection and that he was the eligible candidate to contest the office of the Sarpanch, which has been declared as null and void in the absence of any cogent document, and that no cause of action had arisen for filing the election petition.