MAMITA THATI Vs. NEPURA PRADHAN

JUDGEMENT

(1.) THIS writ petition has been filed challenging the judgment dated 12.04.2013, passed by the learned District Judge, Boudh, in Election Appeal No.04 of 2013, allowing the same in part and confirming the judgment dated 06.02.2013, passed by the learned Civil Judge (Jr. Division), Kantamal, in Election Petition No.05 of 2013, holding that the petitioner was not eligible to file her nomination papers to contest in the election for the post of Sarpanch of Baragochha Grama Panchayat, as her age was below 21 years and accordingly declaring the election of the petitioner as Sarpanch of the said Grama Panchayat as void.

(2.) THE brief facts of the case are that the result of the election for the post of Sarpanch of Baragochha Grama Panchayat was declared on 21.02.2012, in which, the present petitioner, having secured the highest number of votes, was declared as the elected Sarpanch. Being aggrieved by the result of election, opposite party no.1 filed Election Petition No.05 of 2012 before the learned Civil Judge (Jr. Division), Kantamal, alleging therein that the actual name of the petitioner is Sasmita Danta and she is the daughter of Bhumisuta Danta and Prajapati Danta of village Baragochha. The petitioner had completed her primary education from EGS M.E. School, Baragochha and thereafter took admission in Sri Jagannath High School, Sagada. After passing in the High School Certificate Examination, the petitioner took admission in Panchayat College, Palsagora. It was further averred that the petitioner got married to one Santunu Thati, son of Alekh Thati and Smt. Pira Thati of village Baragochha and after her marriage, she changed her name as Mamita Thati and enrolled her name in the electoral roll by giving false information regarding her age and name. It was accordingly prayed that as Sasmita Danta and Masmita Thati are one and the same person and her age is below 21 years, as per the educational certificates, she is not eligible to contest in the election for the post of Sarpanch and therefore her election to the post of Sarpanch of Baragochha Grama Panchayat be declared null and void and the opposite party no.1 be declared as the elected Sarpanch of the said Grama Panchayat. The present petitioner, who was opposite party no.1 in the election petition, refused to accept the registered notice, as per the endorsement of the postal authorities and was accordingly set ex parte.

(3.) ON the pleadings of the parties, learned Civil Judge framed the following issues:-