DIBAKAR JENA Vs. PRAFULLA KUMAR MOHAPATRA

JUDGEMENT

(1.) The present writ petition at the instance of Dibakar Jena challenges the order of the learned District Judge -cum -Election Appellate Tribunal, Puri passed in Election Misc. Appeal No. 120 of 1997 confirming the judgment dated 16.12.1997 made by the Civil Judge, Junior Division, Nimapara, in Election Misc. Case No. 10 of 1997. The election of the petitioner as Sarpanch has been held void.

(2.) IT is contended by the petitioner that he was duly elected as Sarpanch of Kurujanga Gram Panchayat of Kakatpur in the district of Puri in Gramapanchayat Election held on 21.1.1997 polliing 2380 votes.

(3.) THE following issues were framed by the Election Tribunal : (1) Is the case legally maintainable ? (2) Has the petitioner any cause of action to file the case ? (3) Is the election of opp. party No. 1 to the post of Sarpanch valid and legal ? (4) Whether any material irregularity has been caused during election affecting the result of the candidate in general ? (5) Whether serious material irregularities were committed in the report of conducting election in booth No. 12 affecting the results of the election of the candidates in particular ? (6) Whether all the ballot papers supplied to the Presiding Officer of booth No. 12 were utilised and distributed to the voters to cast their votes on the said ballot papers without bearing signatures and seal of the Presiding Officer and the distinguished booth seal mark ? (7) Whether opp. party No. 1 in collusion with opp. party No. 2 has caused any material irregularity in utilising the ballot papers without bearing the signature and seal of the Presiding Officer for his own gain to be elected as Sarpanch in Kurujanga Grampanchayat at the election ? (8) Whether the petitioner is entitled to the reliefs claimed by him ? (9) To what other relief ?