BIKRAMA KESHARI JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioners, who are the elected Councillors of different wards of Banpur Notified Area Council (N.A.C.) in Khurda district, have filed this Writ Petition praying inter alia for a declaration that the election of O.P.5 -Rajashree, Das @ Rajashree Nayak to the office of the Chairperson of Banpur N.A.C, whiGh was reserved for' Backward class of citizen', is illegal on the grounds namely, (i) the office of Chairman of Banpur N.A.C. having been reserved for backward class of citizen and O.P. 5 being a citizen of non -backward class, as by birth she belongs to Karan caste which was not a backward class community, cannot hold such office and (ii) O.P.5 having been elected as a Ward Councillor from a general seat, i.e., ward NQ.12, cannot hold the office of Chairperson of Banpur N.A.C. The election in question was held in the year 2003 and the same was challenged before this Court in the year 2006 and during these three years O.P. 5 was continuing in the office.

(2.) THE brief facts as delineated in this Writ Petition tend to reveal that O.P.5 by birth belongs to 'Karan' caste which is a general one. She got married to a person belonging to 'Khandayat' which was declared by the State as a backward caste and included in the State List of Socially and Educationally Backward Class (in short, 'S.E.B.C.'). In 2003, O.P.5 got elected as a Councillor of Banpur N.A.C. from an unreserved ward, i.e., Ward No. 12 (Badahantuada). Thereafter, she was elected to the office of Chairperson of the N.A.C., which was reserved for 'Backward Class of citizen' as per the notification dated 26.3.2003 issued by the Government of Qrissa. This election of O.P. 5 as Chairperson of Banpur N.A.C. is under challenge in the Writ Petition on the grounds mentioned hereinbefore.

(3.) MR . B. Mohapatra, Learned Counsel appearing for O.P.5, contends that in view of Section 57 in Chapter -V of the Orissa Municipal Act, the election of O.P.5 can only be challenged by filing an application before the Civil Court and this Court in a proceeding under Articles 226 and 227 of the Constitution of India cannot resolve an election dispute.