PARAMANANDA MOHAPATRA Vs. STATE

JUDGEMENT

(1.) THE petitioner has been convicted under Sections 193 and 199. I P. C. . and sentenced to undergo Rule 1 for six months on each count and to pay a fine of Rs. 250 on each count, both the sentences to run concurrently In default of payment of fine the petitioner is to undergo Rule 1 for three months on each count

(2.) THE petitioner was tried under the aforesaid sections in the Court of the Sub-divisional Magistrate. Sadar. Cuttack, in case No 751-C-2/720 T of 1961. cognizance having been taken on those offences on the basis of a complaint petition filed by the High Court of Orissa, Being convicted and sentenced as aforesaid by the S. D. M. , Cut-tack, the petitioner filed an appeal (Cr. Appeal No. 2/c of 1964) which was dismissed by Sri U. N. Misra, Additional Sessions Judge, cuttack, by his judgment dated 25-2-66 passed in the said appeal.

(3.) THE facts leading to the prosecution of the petitioner are shortly these: the petitioner was the outgoing Sar-panch of Bolagarh Gram Panchayat in Khurda Sub-division. He filed aft application under Article 226 of the constitution of India, challenging the action of the Election Officer, bolagarh, in proceeding with the election of the new Sarpanch and Naib sarpanch for the aforesaid Grama Panchayat, notwithstanding the decision of the Sub-divisiona! Magistrate. Judicial. Khurda, declaring the election of the members of the Grama Panchayat to be void under Rule 24 of the Grama Panchayat Rules and directing fresh elections. The writ 'application which was filed on 14-12-60 was registered as O. J. C. 277/60. This application was moved by Sri D. Sahu,. Advocate, and it was submitted that the Election Officer who was the Sub-divisional officer of Khurda in disregard of the order of the S D M (Judicial ). Khurda declaring the election of the members to the Grama Panchayat to be void, proceeded with the election of the Sarpanch and the Naib sarpanch. To substantiate this argument, with the permission of this court, a new paragraph (para 12) was added to the application under article 226 This paragraph runs as follows: