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VIKRAM NATH, SANDEEP MEHTA
Ramadebi Rautray – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. background of elections and dispute (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 10 , 11) |
| 2. arguments presented by both parties (Para 12 , 13 , 14 , 15 , 16) |
| 3. court's reasoning on disqualification and entitlement (Para 17 , 18 , 19 , 20 , 23 , 24 , 25 , 26) |
| 4. legal provisions concerning election disqualifications (Para 21 , 22) |
| 5. final decisions on the appeal and application (Para 27 , 28 , 29 , 30 , 31 , 32) |
JUDGMENT
Civil Appeal @ SLP(Civil) No. 4129 of 2026
2. The instant appeal by special leave arises from the common judgment and order dated 15th December, 2025 passed by the High Court of Orissa at Cuttack [Hereinafter, referred to as the “High Court”.] in W.P. (C) No. 5565 of 2025 filed by the appellant, Ramadebi Rautray [Hereinafter, referred to as the “appellant-election petitioner”], and W.P.(C) No. 5196 of 2025, filed by the respondent, Basanti Sahoo [Hereinafter, referred to as the “respondent-returned candidate”], whereby the High Court dismissed both the writ petitions and upheld the order of the Court of the learned 1st Additional District Judge, Puri [Hereinafter, referred to as the “Election Appellate Tribunal”], disqualifying the respondent-returned candidate
The Election Tribunal possesses jurisdiction to declare a candidate duly elected if the elected candidate suffers statutory disqualification, affirming the electoral integrity under the Orissa Pancha....
A candidate can challenge the election of another under Section 44-A of the Odisha Panchayat Samiti Act, and disqualification occurs for having a third child born after the statutory cutoff date.
A candidate cannot be declared elected merely based on receiving the second highest votes unless they prove eligibility under relevant laws following disqualification of another candidate.
The Election Tribunal has the jurisdiction to entertain an Election O.P. filed under Sec. 21(3) of the Telangana Panchayat Raj Act, 2018, and the burden of proof lies with the petitioner to disprove ....
Disqualification for Sarpanch under the Odisha Grama Panchayats Act necessitates both the ability to read and write Odia and compliance with child birth cut-off dates; subjective assessments are esse....
The election of the Chairman of Panchayat Samiti was declared null and void due to procedural irregularities regarding the reservation for women, affirming the necessity of compliance with election r....
The court emphasized that a writ petition can be entertained to protect the right to a fair election, even in cases where an election petition may exist as an alternate remedy.
The court upheld the disqualification of a panchayat member for having children beyond the legal limit, highlighting the evidential burden to demonstrate non-disqualification rests with the elected o....
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