MADAN MOHAN PANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner was elected as chairman of Buguda Panchayat Samiti in the district of Ganjam. He assumed charge of the office of the Chairman on 25-1-1961. THE term of office under the statute as it then stood was for a period of five years and was due to expire on 25-1-1966. THE term of office was extended under Section 46-D of the Orissa Panchayat Samiti and Zilla Parishad Act, 1959 (hereinafter to be referred to as the Act) till 14-8-1967; but the same was subsequently reduced to 10-4-1967 under Section 46-D proviso (a), when the petitioner made over charge. From 10-4-1967 to 14-1-1968 the Sub-Divisional Officer remained in charge of the office of the Chairman under Section 46-D, Proviso (d). THEre was a fresh election. THE petitioner was again elected as Chairman of the Panchayat Samiti and he assumed charge of the office on 15-1-1968. He resigned his office on 12-12-1970. He filed his nomination paper for election of Chairman of the Panchayat Samiti on 26-12-1970. THE Election Officer (opposite party No. 3) rejected his nomination under Section 16 (3), Proviso (a), on the ground that the petitioner being Chairman for two consecutive terms was ineligible for the office of Chairman. THE impugned order is Annexure 2. THEse facts were not disputed at the time of hearing.

(2.) THOUGH a large number of grounds had been taken in the writ application. Mr. Patnaik for the petitioner advanced two contentions; (i) the word "consecutive" in Section 16 (3), Proviso (a), connotes continuity and absence of interruption. In between the two terms during which the petitioner was functioning as Chairman, there was a period of gap from 10-4-1967 to 14-1-1968 when the Sub-Divisional Officer was in charge of the office under Section 46-D, proviso (d). The impugned order rejecting the nomination is contrary to law. and (ii) the word "term" used in the section does not include part of a term. As the petitioner had resigned a few days before the expiry of the term of three years, there is no consecution between that term and the term for which election has been held.