RENUBALA MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner and Opposite Party No. 2 were contesting the election for the office of Sarpanch, Abadan Grama Panchayat under Kakatpur Panchayat Samity in the district of Puri. The said seat was a reserved seat for OBC category. The Petitioner having obtained highest number of votes was declared elected to the office of Sarpanch of the said Grama Panchayat. The Opp. Party No. 2 filed an election petition, being Election Misc. Case No. 16 of 2007 before the Learned Civil Judge (Junior Division), Nimapara challenging the election of the Petitioner solely on the ground that the nomination paper of the Petitioner should have been rejected as the Petitioner does not belong to OBC category.

(2.) THE Opp. Parties 2 and 3 pleaded that the caste of the father of the Petitioner has been recorded as 'Dakua Paika.' But the Petitioner on obtaining a caste certificate that she belongs to the caste of 'Paika' filed her nomination paper. It was, therefore, pleaded by them that the said certificate was obtained by the Petitioner fraudulently from the Tahasildar. In the written statement of the Petitioner, she pleaded that she has been issued with the said certificate by the Tahasildar in the year 2006, wherein it has been mentioned that she is 'Paika' by caste. She further pleaded that the Election Tribunal cannot sit in appeal over the caste certificate, as the 'Dakua Paika' and 'Paika' are the same caste.

(3.) THE sole question raised, therefore, to be decided in the election dispute was that whether the Petitioner belongs to O.B.C. Category or not. The Election Tribunal after hearing the election dispute by his Judgment dated 30.7.2008 allowed the election petition declaring the election of the Writ Petitioner as void and further declaring the Opp. Party No. 2 as the elected Sarpanch of the Grama Panchayat. The Petitioner preferred Election Appeal No. 7 of 2008 before the Learned District Judge, Puri, who by his Judgment dated 3.10.2008 confirmed the Judgment of the Election Tribunal. Being aggrieved, the Petitioner has approached this Court in the present Writ Petition for appropriate relief.