SMT. GOURIPRIYA PARAJA Vs. DOMAI NAIK AND ANR.

JUDGEMENT

(1.) HEARD Mr. J. Patnaik, learned senior counsel for the Petitioner and Mr. Mishra, learned Counsel for the opp. party No. 1.

(2.) THIS writ petition has been directed against the order/judgment dated 18.9.2007 passed in Election Appeal No. 1 of 2007 by the learned District Judge, Koraput. The writ Petitioner was the defeated candidate in the election to the office of Member, Jaipur Panchayat Samiti from the Scheduled Tribe (W) Reserved Constituency of Pujariput Grama Panchayat. The opp. party No. 1 was the returned candidate. The writ Petitioner filed Election Petition No. 18 of 2007 challenging the election of the opp. party No. 1 on the grounds that (i) she was not eligible to contest the election as she is not able to read and write Oriya, (ii) she does not belong to Scheduled Tribe and, (iii) she filed a false affidavit before the Election Officer where, she suppressed the name of her husband. The Election Tribunal after hearing the election petition, by judgment dated 26.7.2007 declared the election of the opp. party No. 1 to the office of Member of Panchayat Samiti as null and void directing her to step down from the said office and further directed that the Collector -cum -Election Officer - opp. party No. 2 shall hold fresh election for that office within three months, if no stay order is obtained in the meanwhile. The opp. party No. 1 being aggrieved by the said order, preferred Election Appeal No. 1 of 2007, the judgment of which, is impugned in this writ petition.

(3.) MR . Patnaik, learned Counsel for the Petitioner vehemently urges that the entire judgment passed by the appellate Court is based on surmises and conjecture and the appellate Court has not met the reasons assigned by the Election Tribunal for declaring the election void.