ARIJIT PASAYAT, P.C.NAIK
CHARULATA SWAIN – Appellant
Versus
MANOJ KUMAR MOHANTY – Respondent
A. PASAYAT, J.
( 1 ) CHALLENGE in this writ application is to correctness of the order dated 5. 9. 1997 passed by the learned Civil Judge (Junior Division), Kendrapara rejecting the prayers for (a) amendment of the plaint in paragraph 6 of the election petition questioning election of opposite party No. 2 as Sarpanch under Section 25 of the Orissa Grama panchayat Act, 1964 (hereinafter referred to as the 'act'), and (b) examination of one natabar Samal to prove the entries in the Polio Vaccine Register produced by the Medical officer, Indupur P. H. C.
( 2 ) A brief reference to the factual aspects would suffice. Election to the office of Sarpanch, Ayeba grama Panchayat was held on 20. 1. 1997. After withdrawal of nomination, petitioner and opposite party No. 2 were only candidates left to the contest. Petitioner challenged the election of opposite party No. 2 on the ground that she was disqualified to be elected as sarpanch under Section 25 (v) of the Act, as she had more than two children. The petition was numbered as Election Misc. Case No 13 of 1997, It was stated that opposite party No. 2 had given birth to these children by the date of submission of nomination papers on 11.
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