SEEMA KUANR Vs. PRATIBHA BADI

JUDGEMENT

(1.) THIS Writ Petition has been filed against the impugned Order Dated 19.1.2004 passed by the Additional District Judge, Sonepur in R.F.A. No. 32 of 2003 setting aside the impugned Order Dated 8.5.2003 passed by the Learned Civil Judge (Junior Division), Sonepur in M.J.C. No. 6 of 2002 and allowing the appeal declaring that the Petitioner had three children at the time when she contested the election of Sarpanch of Ranisarda Grama Panchayat which was held on 23.2.2002 and thereafter was elected as Sarpanch of that Grama Panchayat.

(2.) THE Opposite Party Smt. Pratibha Badi filed an election petition registered as M.J.C. No. 6 of 2002 under Section 30 of Orissa Grama Panchayat Act against the Petitioner with a prayer that the election of the Petitioner to the office of Sarpanch of Ranisarda Grama Panchayat be declared as void and she (Opp. Party) be declared to have been duly elected to the office of Sarpanch. The Learned Civil Judge (Junior Division) dismissed the said election petition. However, the Learned Additional District Judge allowed the appeal and declared the election of the Petitioner as void, as mentioned above.

(3.) THE first issue was answered against the Opp. Party inter alia holding that the date of birth of the third child mentioned in Ext. -2 has no evidentiary value unless the person who gave information is examined. However, the Learned Additional District Judge turned down the finding of the Learned Civil Judge on the basis of the evidence adduced by the instant Opposite Party and allowed the election petition and declared the election of the instant Petitioner to the office of Sarpanch of Ranisarda Grama Panchayat to be void and a casual vacancy to the office of Sarpanch was created. 4.1 Before proceeding further it is necessary to mention here that in Section 39 of the Orissa Grama Panchayat Act, the grounds have been given on the basis of which the election of a returned candidate can be declared as void in which ground -(a) is that on the date of his election the candidate was not qualified or was disqualified to be elected under the provisions of this Act or the rules made thereunder.