UPENDRA DHAL Vs. GOURANGA PRASAD SAHOO

JUDGEMENT

(1.) IN this Writ Petition, in which the Petitioner challenges the Judgment passed by the Civil Judge (Junior Division), Jajpur in Election Misc. Case No.7 of 2012 (Annexure -4) and the Judgment passed by the District Judge, Jajpur in Election Appeal No.9 of 2013 (Annexure -5), the only question that arises for consideration is whether for want of affidavit in support of the pleadings in the Election Petition as required under Order -VI. Rule 15 (4) of the Code of Civil Procedure the Election Petition would become incompetent and hence liable to be dismissed.

(2.) THE Petitioner and Opp. Party No.1 contested the election to the office of Sarpanch of Bitana Gram Pancayat in the district of Jajpur and the Petitioner was declared elected. Opp. Party No.1 filed Election Misc. Case No.7 at 2012 before the Civil Judge (Junior Division), Jajpur challenging the election of the Petitioner on the ground that the Petitioner was disqualified to contest the election since he had three children after the cut off date and that though Opp. Party No.1 raised such objection at the time of nomination, the Election Officer illegally rejected such objection. The Petitioner filed objection to the Election Petition inter alia challenging the maintainability of the proceeding on ground of non -compliance of Section 33 (2) of the Orissa Gram Panchayat Act read with Order -VI, Rule 15 (4) of the Code of Civil Procedure. While deciding the question in Issue No.1 the Civil Judge (Junior Division) in his Judgment dated 29.03.2013 has not given any finding on the objection raised though it declared the election of the Petitioner void on the ground that he was disqualified to contest the election to the office of Sarpanch.

(3.) CHAPTER -V comprising of Sections 27 to 43 of the Orissa Gram Panchayat Act, 1964 (in short 'the Act') provides for conduct of Election and election dispute. Section 30 of the Act provides that no election of any person as a member, Sarpanch or Naib Sarpanch of a Gram Panchayat held under this Act shall be called in question except by an election petition presented in accordance with the provisions of Chapter -V. Under Section 31, the Civil Judge (Junior Division) having jurisdiction over the place at which the office of the Gram Sasan is situated, has been constituted the Election Tribunal before whom the Election Petition is to be filed. The said Section also provides for the limitation for presenting the petition with further provision for condonation of delay. Section 32 relates to the parties to the Election Petition. Section 33 of the Act which provides for the contents of the petition & the manner of its filing, & with which we are concerned, is extracted hereunder: