BEBIRANI BARAL @ SINHA Vs. SANKHALATA SAHOO

JUDGEMENT

(1.) IN this writ petition, the petitioner challenges the legality and propriety of the judgment dated 5.3.2009 passed by learned District Judge, Cuttack in Election Appeal No. 10 of 2007 reversing the judgment in part passed by learned Civil Judge (Jr. Division) Jajpur in Election Petition No. 5 of 2007.

(2.) THE opp. party was the election petitioner and the petitioner was the opp. party no.1 in the election petition No. 5 of 2007 of the court of learned Civil Judge (Jr. Division), Jajpur. As per the case of election petitioner, he himself and four others contested the election to the office of Sarpanch of Anyasipur Gram Panchayat, reserved for O.B.C/S.E.B.C. ladies. The election was held on 17.2.2007, wherein the opp. party No.1 was declared elected. The election petition secured the 2nd highest votes in the fray. She filed the election petitioner under Section 31 of the Orissa Gram Panchayat Act, 1964 (hereinafter referred to as 'G.P. Act) on the ground that name of opp. party No.1 was Bebirani Sinha and her fathers name was Amulya Sinha in the voter list of the year 2002 as well as in her school certificate, and after marriage to Biswajit Baral, she changed her surname to 'Baral. But the couple are of different sub -castes. Opp. party No. 1 belongs to general caste. She did not seek for a declaration from the competent authority to change her surname from 'Sinha to 'Baral. So, the change of her surname is illegal. By practising fraud, she obtained the certificate as Bebirani Baral wife of Biswajit Baral and filed her nomination as an O.B.C. candidate. In the voter list of the year 2006 the name of Bebirani Sinha was not available but the name of Bebirani Baral finds place there. The name of Bebirani Sinha having not been enshrined in the electoral roll, her nomination ought to have been rejected at the very thresh -hold of filing nomination.

(3.) AS against this, opp. party no.1 in her objection stated that her father was not 'Kayasta by sub -caste. In the R.O.Rs., starting from revisional settlement made in the year 1910 the caste of the family members of her paternal side has been recorded as 'Sagarpesha which comes under S.E.B.C. list of the State and O.B.C. in the Central list. Since her father was not able to attend the major settlement operation, his caste has been wrongly recorded as 'Kayasta in the R.O.Rs. After her marriage in the Baral family, her surname was changed to Baral. So filing of her nomination as Bebirani Baral would not disqualify her to contest the election. Moreover, before filing the nomination papers, she swore an affidavit to change her surname from 'Sinha to 'Baral. Opp. party No.1 married in Baral family in the same village. So 'Bebirani Sinha and 'Bebirani Baral is one and the same person. As such, she has not practised any fraud, as alleged, in the election petition. Further, it is the case of opp. party No.1 that after thorough enquiry, the Tahsildar issued the O.B.C. certificate in her favour holding her caste as 'Sagarpesha which is under O.B.C./S.E.B.C. category. So, she prayed to dismiss the election petition.