MAHARAGU NAIK Vs. CIVIL JUDGE SENIOR

JUDGEMENT

(1.) BOTH the writ petitions were heard for their disposal at the stage of admission because of availability of the L.C.R. (being called for). Though the election petitioners in each of the cases is different but on verbal request of the counsel for the petitioners and consent of the opposite party, argument was heard combinedly and this judgment shall abide the result in both the writ petitions, though dealt with separately.

(2.) TARA @ Rita Behera, wife of Dingar Behera was elected as a Member of Boudh Panchayat Samiti from Mundipadar Grama Panchayat Constituency. For the sake of convenience, hereinafter she is described as opposite party No. 1. Maharagu Naik was one of the contesting candidates from the said Grama Panchayat Constituency. After being defeated in the election he filed M.J.C. No. 13 of 2002 in the Court of Civil Judge (Sr. Division), Boudh under Section 45 -A read with Section 45 -B of the Orissa Panchayat Samiti Act, 1959 (in short 'the Act'). Opposite party No. 1 contested that case. Learned Civil Judge on 3.2.2003 delivered the judgment and decided that opposite party No. 1 was disqualified to contest and accordingly set aside her election as a Member of the Panchayat Samiti and directed for fresh election. As against that judgment, opposite party No. 1 preferred Election Appeal No. 3 of 2002. Learned Addl. District Judge, Boudh disposed of that appeal on 28.5.2003. The Appellate Court set aside the order of the Civil Judge and accordingly allowed the appeal. As against that, Maharagu Naik, petitioner in the first case, has filed W.P.(C) No. 6400 of 2003 challenging to the judgment of Learned Addl. District Judge, Boudh in Election Appeal No. 3 of 2002.

(3.) IT appears from the allegation in the election petition in both the Election Misc. Cases that almost similar grounds were taken against opposite party No. 1 while challenging to her election. One of such grounds is that by the date of nomination for the post of Member of the Panchayat Samiti, opposite party No. 1 was below 21 years of age inasmuch her date of birth in the school record is mentioned as 25.1.1982 and nomination paper was filed on 21.1.2002, scrutiny was made on 22.1.2002, election was held on 23.2.2002 and result was declared by the Collector on 2.3.2002. The second ground is that opposite party No. 1 was married to Dingar Behera on 11.3.2001 and therefore, by the date of filing of nomination paper she was not a voter under Mundhipadar Grama Panchayat Constituency or under Boudh Panchayat Samiti and to overcome that disqualification she impersonated as 'Rita', the wife of her husband's cousin. Those were the two principal grounds on which election of opposite party No. 1 was challenged both in M.J.C. Nos. 13 of 2002 and 14 of 2002. The first Misc. Case was suffering from delay of 18 days and second case was suffering from a delay of 13 days. In each of the cases election petitioners sought for condonation of delay.