JUDGMENT

Chelameswar, J.

Leave granted.

2. This appeal arises out of a judgment dated 18.2.2011 of the High Court of Orissa in Writ Appeal No.114 of 2011.

3. The factual background of the litigation is as follows:-

(A) Election to the post of Sarpanch of Kulagada Gram Panchayat in the District of Ganjam, Orissa were held in the year 2007. The appellant, the first respondent and two others filed their nominations. The scrutiny of the nominations took place on 16th January, 2007. The returning officer held all the four nominations valid.

(B) Subsequently, except the appellant and the first respondent, the other two candidates withdrew from contest. Election took place on 17th February, 2007, wherein the appellant herein was declared elected.

(C) The first respondent, filed an Election Petition under Section 31 read with Section 34 of the Gram Panchayat Act, 1964 (for the sake of convenience it is called “the Act” I), on the ground that the appellant herein was not eligible to contest the election in view of Section 11(b) of the Act which declares that no member of `Gram Sasan’ (a defined expression under Section 2(h) of the Act) shall be eligible to contest for the post of Sarpanch if h