SMT. KIRANBALA ROUT Vs. SMT. RASNAMAYEE ROY

JUDGEMENT

(1.) In the present appeal, the appellant has sought to assail the judgment dated 6.12.2012 passed in W.P.C. No.20648 of 2012 whereby the learned Single Judge upheld the order dated 24.9.2012 passed by the learned Civil Judge (Jr. Division), Jajpur in Election Misc. Case No.6 of 2012. By the said order, the learned Civil Judge (Jr. Division) had rejected the appellant's petition under Section 31 of the Orissa Gram Panchayats Act, 1965.

(2.) The present case in a nutshell is that, the appellant and the respondent both contested for the post of Sarpanch of Kalamatia Gram Panchayat under Bari Block in the district of Jajpur in the year 2012 Gram Panchayat election. The appellant being the successful candidate, the respondent sought to challenge the appellant's election by filing Election Misc. Case No.6 of 2012 before the Election Tribunal, Jajpur i.e. the Court of the learned Civil Judge (Jr. Division), Jajpur alleging that the appellant was disqualified to hold the post of Sarpanch as she had given birth to three children after the year 1995. Admittedly, the election result was declared on 21.2.2012 and election petition was presented on 2.3.2012. It is averred that the election petition was filed without the necessary deposit of security for costs as required under Section 31 of the Orissa Gram Panchayat Act and the said security towards cost was deposited by way of challan on 5.3.2012 i.e. after three days of filing of the election petition.

(3.) It was contended by the appellant that this delay of three days in depositing the security money was not in consonance with Section 31 of the Orissa Gram Panchayat Act and accordingly, she filed election petition before the Election Tribunal seeking dismissal of the election petition. Being unsuccessful before the election Tribunal, W.P.(C) No.20648 of 2012 came to be filed before this Court and the same came to be dismissed vide order dated 6.12.2012. Consequently, the present challenge in the present Writ Appeal.