SMT. RASHMI REKHA PATTNAYAK Vs. SMT. RANJAN PATRA

JUDGEMENT

(1.) HEARD learned Counsel for the Petitioner and the learned Counsel for the opposite party.

(2.) IN the election to the Office of Sarapanch of Nagari Gram Panchayat under Baranga Panchayat Samittee in the District of Cuttack, the Petitioner was declared elected. The opposite party challenging the election of the Petitioner filed Election Dispute Case No. 3 of 2007 before the learned Civil Judge (Jr. Division), 1st Court, Cuttack. The ground of challenge of the election of the Petitioner as made out in the election petition was that the Petitioner was not eligible to contest the election to the Office of Sarpanch as she was not a voter with regard to any of the villages under the Nagari Gram Panchayat, after her marriage. The Petitioner was married to one Pranab Kumar Pattnaik who is a resident of Khandagad under the Nagari Gram Panchayat residing in holding No. 59 but the name of the Petitioner has not been included in the voters list. It was further pleaded by the election Petitioner that the writ Petitioner (the opposite party in the election dispute) has been mentioned as a voter of village Sisua at Sl. No. 28, under holding No. 10 which is not situated under the Nagari Gram Panchayat. The Petitioner in his show cause / written statement denied the allegations in toto, inter alia, pleading that her nomination paper was accepted after proper scrutiny and she has been duly elected to the Office of Sarpanch.

(3.) COMING to such finding, the Tribunal allowed the election petition in part by declaring the election of the Petitioner as void and consequently holding that a casual vacancy has occurred for which the concerned authorities under the Act are at liberty to hold fresh election.