PRABHAT KUMAR BISWAL Vs. ELECTION OFFICER, DUNGRIPALLI REGULATED

JUDGEMENT

(1.) IN this Writ Petition, the Petitioner has prayed for a direction to the Opp. Parties to declare the voter list published by the Election Officer, Dunguripali Regulated Market Committee -cum -Sub -Collector, Subarnapur as illegal & arbitrary & injunct the Election Officer permanently from holding the election basing on the said voter list.

(2.) THE brief facts of the case are as follows:

(3.) THE Opp. Parties appeared & filed their counter affidavit stating therein that this Court issued notice & passed an interim order on 2.4.2009 directing that till next listing the result of the election of Dunguripali Regulated Market Committee shall not be declared without leave of the Court. Before receiving the said interim Order Dated 2.4.2009; as per the schedule of election the result was immediately declared after the counting was over on 30.3.2009. The Opp. Parties specifically stated in the counter affidavit that the objection to the provisional list was duly considered. As per Section 6(iii)(a) of the Act, 2 members shall be the persons elected by the local authorities within whose limits the market area is situated of whom one shall be elected by the Councillors of the Municipality. The Chairperson of Dunguripali NAC intimated that he had sponsored the name of one Shri Mahavir Prasad Agrawalla, Councillor, Ward No, 7 whose name had been selected as the member of Regulated Market Committee under Binika NAC under the provision of Section 6(iii)(a) of the Act. The said proposal could not be accepted since he was selected but not elected as provided under the law. The objection with regard to inclusion of additional voters after the cut off date was also not correct as the fact that name of Shri Janardhan Bhukta of Sonepur, (serial No. 40 of the provisional voters list of Agriculturists) was excluded from the voters list was not correct since the names of the agriculturists was received on 9.1.2009 & 15.1.2009 from Orissa Krushak Samaj. On verification, it was found that the names of agriculturists received on 12.1.2009 & 16.1.2009 from Bharat Krushak Samaj (Orissa Branch) & Orissa Krushak Samaj, had been enlisted in the provisional voters list of agriculturists as the same was received within the stipulated period. Therefore, no illegality had been committed by inclusion of those persons. On 13.04.2009 they received the notice from this Court through special messenger. That apart, the Petitioner himself filed his nomination paper for the election & his nomination was accepted. He was a candidate in the said election & his serial number was 10. The election symbol "Apple" was allotted to him for contesting the -election & he was not estopped to challenge the election.