HARIHAR DASMOHAPATRA Vs. THE COLLECTOR AND ORS.

JUDGEMENT

(1.) THE Petitioner -a candidate for the office of Chairman in the Bhograi Panchayat Samiti election who subsequently withdrew -challenges the election of the successful candidate Kartikeswar Patra (opposite party No. 3) on several grounds mentioned in the petition.

(2.) IT was notified on December 7, 1967 that the poll in respect of the said election was to take place on January 7, 1968. In the notice calling for nomination of the candidates it was mentioned that the forms of nomination papers might be obtained on December 11, 1967 at Bhograi Block Office; the said nomination papers might be delivered not later than December 14, 1967. In the notice, December 16, 1967 was the date fixed for scrutiny of the nomination papers at Bhograi Block Office; January 3, 1968 was the date fixed for withdrawal of the candidates.

(3.) ON December 21, 1967 the Petitioner withdrew his candidature and two other candidates also subsequently withdrew their candidature. The only two rival candidates who remained were Jnanendranath Sawn and Tusharkanti Girl. On December 28, 1967 opposite party No. 3 Kartikeswar Patra filed an application for review of the order passed by the Election Officer rejecting his nomination paper. On December 30, 1967 the Election Officer by an order of the same date recalled his decision rejecting the nomination paper of opposite party No. 3 Kartikeswar Patra and accepted the said nomination paper as valid. On the very same day Election Officer re -assigned the symbols to the three candidates in that he assigned the 'Jeep' symbol to opposite party No. 3 Kartikeswar Patra which was initially assigned to Jnanendranath Sawn which caused all the confusion as hereinafter stated. The order of the Election Officer dated December 30, 1967 is stated to have been passed without notice to the candidates and behind their back with the result that the candidates concerned did not know about the subsequent acceptance of the nomination paper which was initially rejected by the Election Officer and the change in the reassignment of symbols. On January 7, 1968 the Election took place and opposite party No. 3 Kartikeswar Patra was declared elected on the basis of the re -assignment of symbols.