SAKUNTALA CHAU PATTNAIK Vs. RATNA PRAVA MOHAPATRA

JUDGEMENT

(1.) PETITIONER 's election as a Councillor of Ward No. 28 of Bhubaneswar Municipal Corporation (in short, the 'Corporation) having been declared null and void by the learned District Judge, Khurda (hereinafter referred to as the 'Tribunal') in terms of Section 21 of the Orissa Municipal Act, 1950 (in short, the Act'),on the basis of an application under Section 19 of the Act, this writ application has been filed.

(2.) FACTUAL position as presented by the parties essentially is as follows : Both petitioner and opposite party No. 1 were contestants for the post of Councillor of Ward No. 28 in the election of the Corporation. Opp. party Nos. 2 to 6 were also candidates. Petitioner was declared elected by the Election Officer (opposite party No. 2) as she secured highest number of valid ballots. Her election was challenged by opposite party No. 1 by filing an election petition solely on the ground -that she was eligible to contest by filing nomination as she was a permanent inhabitant of village singipur under Nuagada Grama Panchayat of Tangi Block of Tangi Police Station of Khurda district, and as per the finally published voters' list of the Legislative Assembly (Constituency No. 59) her name was included in the voters' list of said Grama Panchayat. Her name appears at serial 163 in relation to Ward No. 11, House No. 41. She had also contested as a candidate for election as Ward Member of village Singipur in the Grama Panchayat election held on 16.1.1997. She had lost the election.

(3.) PETITIONER filed objection mainly to the election petition on the ground that the application was barred by limitation and security deposit was not deposited within fifteen days from the date of publication of results. Certain other defects were pointed out. It was pleaded that she was no more a voter of village Singipur, and she had earlier written a letter to the District Election Officer, Khurda to delete her name from the voters' list of Singipur. The Election Officer had published requisite notices, but no objection was filed. She had been legally elected as Councillor in respect of Ward No. 28. The Election Officer took a stand that no objection was filed regarding nomination of petitioner.