R. C. Lahoti, C.J.I - (1.) -Leave granted.
(2.) Election to the office of Sarpanch, Pondosguda Gram Panchayat, Orissa was held in the month of February, 2002 under the provisions of the Orissa Grama Panchayats Act 1964 (hereinafter the Act, for short). There were eight candidates out of whom six withdrew from the contest leaving only the petitioner and the respondent in the election fray. The polling took place on 21-2-2002. On 28-2-2002, the respondent was declared elected.
(3.) The respondents election was put in issue by the appellant by filing an election petition under Sections 30/31 of the Act in the Court of Munsif having jurisdiction to try the petition. The relief clause in the petition is relevant as the controversy centres around it and hence is reproduced hereunder:- "The Petitioner, therefore, prays the Honble Court to be pleased to declare that the election of opposite party is invalid and declare the Petitioner as the only duly nominated candidate for the office of Sarpanch Pondosoguda in 2002 Gram Panchayat Election, in alternate declare a casual vacancy to have been created in the office of Sarpanch Pondosoguda GP and direct the Collector Koraput/such concerned authority to take proceeding to fill up the vacancy, award, the cost of the case and give such further relief/relief which the Court deem fit and proper under the law in the interest of justice." (Emphasis supplied);