JAGNYASENI MAJHI Vs. RUKMANI NAIK

JUDGEMENT

(1.) In this writ application, the former Sarpanch of Boxma Grama Panchayat has assailed the findings recorded by the learned Civil Judge (Junior Division), Kuchinda in Election Misc. Case No. 01/12, as per judgment dated 27.11.2014 declaring her to be disqualified to hold the post of Sarpanch of the aforesaid Grama Panchayat, which has been confirmed by the learned Addl. District Judge, Kuchinda in Election appeal No. 1 of 2014 as per judgment dated 05.02.2015.

(2.) In pursuance of the notification of election for the post of Sarpanch of Boxma Grama Panchayat, the present petitioner and the opposite party nos. 1 to 6 filed nomination before the opposite party No. 7, i.e. Block Development Officer-cum-Election Officer, Kuchinda. It is stated that the opposite party No. 7 allowed the nomination of the petitioner without proper scrutiny though she was unable to read and write Oriya and the petitioner was allowed to contest the election even though the opposite party nos. 1 to 6 filed their objection against the nomination of the petitioner in course of scrutiny. It is stated that even though petitioner did not have requisite qualification, her nomination illegally considered and allowed. The petitioner secured highest votes in the election and declared as elected candidate to hold the post of Sarpanch of Boxma Grama Panchayat. After such election, the opposite party No. 1, who is the second highest votes in the election, filed Election Misc. Case before the Civil Judge (Junior Division), Kuchinda with a prayer to declare election null and void. She also prayed that as she secured 2nd highest votes, she should be declared as the elected Sarpanch of the aforesaid Grama Panchayat.

(3.) The opposite party nos. 2 to 6 have filed their show-cause before the Election Tribunal supporting the opposite party No. 1. It is II stated in their show-cause that the petitioner was not able to read and write Oriya but opposite party No. 7 without deciding their objection allowed her nomination though she did not have requisite qualification and declared her as elected Sarpanch of Boxma Grama Panchayat. The petitioner, being the opposite party No. 1 before Election Tribunal filed her show cause denying the allegation with regard to her disqualification during the election. The opposite party No. 7. i.e. Election Officer also filed written statement, inter alia, stating that on the objection petition he proceeded with enquiry and after enquiry he accepted nomination paper of the present petitioner. He also claimed that the election was duly conducted and there was no illegality in the process of such election. On such pleadings, the Election Tribunal framed as many as seven issues. Relying upon the examination of the present petitioner in the Court, especially the cross-examination, where she stated that she was not able to read and write Oriya and that she is not capable to read and write Oriya the learned Civil Judge (Junior Division), Kuchinda came to the conclusion that the petitioner was] not able to read and write Oriya and she is not capable to read and write Oriya and hence declared her to be incapable to hold the post and disqualified. Accordingly, a casual vacancy has been created.