NILIMA MANJARI JENA Vs. PRAMOD PRADHAN & OTHERS

JUDGEMENT

(1.) This writ petition involves a challenge to the judgment dated 26.2.2019 passed by the Additional District Judge, Nimapara in Election Appeal No.03 of 2018 reversing the judgment dated 30.4.2018 passed by the Civil Judge (Junior Division)-cum-Election Tribunal, Konark in Election Petition No.04/10 of 2017.

(2.) Short background involving the case is that the election petitioner-opposite party no.1 herein brought an election dispute seeking declaration by the Election Tribunal that the election of the opposite party no.1 therein and petitioner herein for the post of Ward Member of Ward No.25 of village- Kaanarapur be illegal and void and thereby declaring the petitioner therein as duly elected Ward Member of Ward No.25 and also to pass an order for recounting of ballot papers being improperly accepted in favour of the opposite party no.1 therein, the petitioner herein.

(3.) Fact involving the election dispute remains that on bringing a notification dated 27.12.2016 for the post of Ward Members for Kakatpur Block, petitioner and opposite party no.1 herein contested for the post of Ward Member of Ward No.25 and the election involved therein was held on 21,2,2017. The present petitioner was allotted with the symbol "Scales" and similarly the opposite party no.1 herein was allotted with the symbol "Bullock-cart". Result of the election was officially published on 22.2.2017. Considering that both the present petitioner as well as the opposite party no.1 secured 143 votes each out of the total pooling of 287 and one vote has been rejected, it is alleged that in absence of the present petitioner and also without proper intimation and notice to him, the Election Officer has drawn the lot and declared opposite party no.1 therein as elected. It is alleged that the drawing of the lot was without compliance of the provisions of law for which the result of the election has been materially affected. It is further alleged that the Election Officer has violated the norms of Rule 51(1) of the Orissa Grama Panchayat (Election) Rules, 1965 in drawing the lot. It is further alleged in the election petition that no person shall be eligible to register in more than one ward in the electoral roll of any Grama Panchayat. Referring to a person, namely, Manorama Jena, otherwise known in the locality as Rama Jena, wife of Chhabila Kumar Jena, it has been alleged that she has been illegally registered as a voter in Ward No.13 as well as Ward No.25 under Abadan Grama Panchayat of Kakatpur Block. Similarly, her husband Chhabila Kumar Jena being son of Bholi Jena also registered his name as a voter in both the Ward Nos.13 and 25. Ward No.13 of Abadan Grama Panchayat comes under village-Osalanga, House No.4 and Sl.Nos.21 and 22 of 2017. Electoral Roll of village-Osalanga published in the name of Manorama and Chhabila. Ward No.25 of Abadan Grama Panchayat comes under village-Kaanarpur House No.15 and Sl.Nos.142 and 145 of 2017 Electoral Roll of village-Kaanarpur published in the name of Rama and Chhabila respectively. Petitioner further contended that both the Electoral registgerred wife and husband illegally casted their votes for both Ward Nos.13 and 25. It is further contended that even though there was written objection by the Agent of Ward No.25 but the same was not taken into consideration. Accordingly, it is claimed that opposite party no.1 got 141 votes and petitioner got 143 votes and therefore, petitioner therein was duly elected by a majority of lawful votes. The election petitioner also relied on a judgment of this Court in the case of Raisor Lakra v. Dayamani Bud,2005 2 CLR 412 .