BHAJAMAN PADHAN Vs. PARSURAM DEHURY

JUDGEMENT

(1.) HEARD Mr. Dash, learned counsel for the petitioner, Mr. Pattnaik learned counsel for the opp.party No.1 and the learned counsel for the State.

(2.) AS Mr. Pattnaik has produced certified copies of the various orders passed by the Election Tribunal, I do not find it necessary to call for the lower Court records for verification of the same.

(3.) BEREFT of unnecessary details, relevant facts for the purpose of disposal of the writ petition are as follows : The petitioner was the returned candidate as Sarpanch of the aforementioned Grama Panchayat. His election to the said office was challenged in Election Misc. Case No.13 of 2007 by the opp.party no.1 before the learned Civil Judge (Junior Division), Dhenkanal under Section 30 of the Orissa Grama Panchayat Act on the ground that the petitioner was not eligible to contest as Sarpanch as he is unable to read and write Oriya, which is one of the conditions to be eligible to contest as Sarpanch under Section 11 of the Orissa Grama Panchayat Act. From the certified copy of the order sheet produced before this Court, it appears that on 11.5.2007, the case was adjourned to 19.6.2007 i.e., on the date of reopening of the Court after summer vacation. On that date, the petitioner has filed an application seeking liberty to examine himself as a witness being present in the Court. But the said prayer was rejected. It further appears from the certified copy of the order sheets that the learned Civil Judge (Junior Division), Dhenkanal has taken the pain of passing orders on 11.5.2007 in three phases. On that date, a petition was filed on behalf of the writ petitioner praying for an adjournment on the ground of illness of the petitioner. The Court has recorded that the C.D.M.O. who was called upon to intimate the Court regarding the treatment which is being given to the opp.party No.1 (writ petitioner) on the previous day, wrote a letter dated 11.5.2007, i.e., the date on which the order was passed, regarding the health condition of the writ petitioner stating that the petitioner was in a position to attend the Court when the C.D.M.O. saw him on 9.5.2007 at 8.00 P.M. Thereafter, it appears that the Court directed the C.D.M.O. to enquire if the petitioner is found in a fit condition so as to be produced before the Court on the said date at 12.00 noon and then to send such person with the staff of the Sadar District Headquarters Hospital. In the event, the C.D.M.O. finds that the patient is not in a position to be sent to the Court, then he should report accordingly. The learned Civil Judge (Jr. Division), Dhenkanal even deputed a peon of the Court by orders passed on that date for carrying the message and to accompany the writ petitioner if he is found fit to come to the Court. The learned Civil Judge, thereafter, stating "Later/11.5.07" has passed the following order: