BAPUJI SAHOO Vs. SUNANDA SAHOO

JUDGEMENT

(1.) Heard Sri K.K.Jena, learned counsel for the petitioner.

(2.) This writ petition involves a challenge to the order dated 10.10.2018 at Annexure-8 passed by the Senior Civil Judge, Nayagarh in Election Petition No.7 of 2017 thereby rejecting the application for condonation of delay accompanied the Election Petition.

(3.) Short background involving the case is that the petitioner is the elected Panchayat Samiti Member from Tendabadi Grama Panchayat. O.P.1 is the elected Panchayat Samiti Member from Similisahi Grama Panchayat under Daspalla Panchayat Samiti. After election of the Membership is over, Notification was issued for direct election for the post of Chairman of the Panchayat Samiti, Daspalla to be held on 11.3.2017. The petitioner as well as O.P.1 both filed their respective nominations being the candidates for the post of Chairman, Daspalla Panchayat Samiti. Election was held on 11.3.2017. Counting being conducted, O.P.1 was declared elected on 11.3.2017 itself. On 20.3.2017 a petition was filed by the petitioner praying therein for re- counting of ballot papers before the Chief Election Commissioner, Odisha. The Chief Election Commissioner forwarded the said application to the Collector, Nayagarh to enquire into the matter and take needful action. The Collector similarly forwarded the matter to the D.P.O., Nayagarh for taking necessary action. No action being taken by the Collector as well as the D.P.O., Nayagarh for about four months, the petitioner approached this Court in W.P.(C) No.14299 of 2017 following an advice of Sri Birendra Nath Nayak, Advocate. Considering that the result involving election was declared long since and the dispute could not be resolved through writ petition, this writ petition was disposed of on 24.7.2017 thereby observing that the petitioner had the only scope to remedy out his dispute through an election dispute. As a consequence and depending upon the observation of this Court, the petitioner claimed to raise an election dispute under Section 44(B) of the Orissa Panchayat Samiti Act, 1959 bearing Election Petition No.7 of 2017 in the Court of Senior Civil Judge, Nayagarh, ten days after receipt of copy of the order involving W.P.(C) No.14299 of 2017. For delay in filing the election dispute attributed on account of the petitioner's wrongly proceeding in a writ petition, the petitioner also filed an application for condonation of delay, which application was heard after appearance of the opposite parties and entering into hearing by final order and entering into the evidence by order dated 10.10.2018, the Civil Judge (Sr.Divn.), Nayagarh rejected the delay condonation application thereby also rejected Election Petition No.7 of 2017 resulting the present writ petition.