BHAGYADHAR KHATEI Vs. KUBERA PRADHAN

JUDGEMENT

(1.) THE petitioner contested the election held in the year 2007 for the post of Sarpanch of Sagada Grama Panchayat under Nimapara police station in the district of Puri. He polled 1,436 votes and was elected. An election dispute was raised by opposite party No. 3 who had polled 1,429 votes and was defeated. Other candidates were also impleaded as opp. parties. The said election dispute was registered as Election Petition No. 12 of 2007 in the Court of the learned Civil Judge (JD), Nimapara.

(2.) IN course of hearing of the Election Petition, a petition was filed by the election petitioner (present opposite party No. 3) praying to call for the used ballot papers for inspection and recounting of votes. Such prayer was made mainly on the ground that many fictitious persons impersonating dead voters had cast votes taking the advantage of the fact that the names of such dead voters were found in the voters' list. The said prayer was resisted by the present petitioner. The Court below after going through the pleadings and evidence adduced, as well as the death certificates with regard to the alleged dead voters, by order dated 7.12.2007, Annexure -4, came to the conclusion that inspection of used ballot papers and recounting of votes by Court would meet the ends of justice as fake votes cast for dead voters would materially affect the result of the election.

(3.) THE aforesaid submissions are strongly repudiated by Mr. H.N. Mohapatra, learned Counsel for opposite party No. 3. According to him adequate pleadings were made in the Election Petition to satisfy the Court that in fact votes were cast impersonating some dead voters whose names were erroneously found in the voters' list. The names of a few dead voters on whose behalf votes were cast, were also specifically mentioned. He further submitted that all the relevant materials in support of the prayer for calling for the used ballot papers and recounting the same were furnished in the petition and the Court below being prima facie satisfied that in order to decide the dispute and to do complete justice between the parties, calling for the used ballot papers and recounting the same was necessary, had allowed the petition. Therefore, Rule 44 of the Election Rules shall not stand in the way of the election petitioner. In support of his arguments Mr. Mohapatra relied upon a decision of this Court reported in 2003 (Supp) OLR 744 (Rabinarayan Hati v. Nityananda Patra and Anr.) and also a decision of the Supreme Court Reported in : [1964]6SCR238 (Ram Sewak Yadav v. Hussain Kamil Kidwai).