MAMITA THATI Vs. NEPURA PRADHAN

JUDGEMENT

(1.) Assailing the order dated 13.9.2013 passed by the learned Single Judge in W.P. (C) No. 9766 of 2013, the appellant has filed the aforementioned appeal. In the election for the post of Sarpanch, Baragochha Grama Panchayat, the appellant was elected as Sarpanch. Challenging, inter alia, the result of the election, respondent No. 1 as petitioner laid an election dispute being Election Petition No. 5/2013 before the learned Civil Judge (Junior Division), Kantamal.

(2.) The case of the election petitioner is that actual name of the appellant is Sasmita Danta. She is the daughter of Bhumisuta Danta. She completed primary education from EGS M.E. School, Baragochha. Thereafter she took admission in Sri Jagannath High School, Sagada. After passing in the H.S.C. Examination, she took admission in Panchayat College, Palasgora. She married to one Santunu Thati, S/o-Alekh Thati and Smt. Pira Thati of village Baragochha and after 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. The specific case of the election petitioner is that Sasmita Danta and Mamita Thati are one and the same person and her age is below 21 years as per the certificates granted by the educational authority. She is not eligible to contest the election for the post of Sarpanch and as such her election to the said post is null and void. A prayer has been made to declare the election petitioner as Sarpanch. Though notice was issued to the opposite party-appellant, but she refused to accept the same and as such set ex parte.

(3.) Pursuant to issuance of notice, the Election Officer, opposite party No. 2 entered appearance and filed written statement denying the assertions made in the election petition.