GORETI XESS Vs. JYOTI XAXA & ANR.

JUDGEMENT

(1.) In this writ petition the petitioner, being the Sarpanch of Karamdihi Grama Panchayat in the district of Sundargarh, assails the order dated 23.7.2012 passed by the learned Civil Judge (Jr. Division), Sundargarh in Election Misc. Case No. 10/2012 rejecting her prayer to take up the issue of maintainability of the Election Misc. Case under Sub-rule 2 of Rule of Order 14 of the Code of Civil Procedure, 1908 (hereafter referred to as the Code for brevity) and thereby dismissing her application.

(2.) Opposite party No. 2, Jyoti Xaxa, filed a petition under Sec. 30 of the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as the Act for brevity) challenging the election of the present petitioner to the post of Sarpanch for Karamdihi Grama Panchayat in the district of Sundargarh. Nomination papers were filed on 7.1.2012 to 12.1.2012 by the intending candidates and, accordingly, the present petitioner filed her nomination paper on 12.1.2012 before the Election Officer, Karamdihi Grama Panchayat. It is alleged that in her nomination paper she has given a false affidavit that she is not involved in any criminal case. It is stated that previously she is involved in a Vigilance Case and this fact was suppressed in her affidavit filed along with the nomination paper.

(3.) On 13.1.2012 on the date of scrutiny of the nomination paper the election petitioner had filed her written objection before the Election Officer, Karamdihi alleging that the present petitioner has filed a false affidavit and her nomination paper should be rejected. It was not taken into consideration by the Election Officer and he allegedly accepted the illegal/improper nomination paper that led to filing of election petition against the present petitioner and others. During pendency of the election petition, the present petitioner filed an application before the Election Tribunal, inter alia, alleging the point that there is no prohibition in a statute against acceptance of an affidavit by the Election Officer on the ground of false statement in the affidavit filed by the returned candidate.