G.K.MISRA, A.MISRA
Surendra Kr. Rout – Appellant
Versus
State of Orissa – Respondent
Judgement
A. MISRA, J. :- The petitioner filed two nomination papers for election to the office of Sarpanch of Aruha Gram Panchayat in response to the notice issued by the Election Officer (Opposite Party No. 2). Though no objection had been filed to these nominations, Opposite Party No. 2 rejected the same without assigning any reason. The petitioner alleges that he possesses all the requisite qualifications for election to the said office and does not suffer from any of the disqualifications provided u/s. 25 of the Orissa Grama Panchayat Act. After rejection of petitioner's nomination. Opposite Party Nos. 3 and 4 contested the election and the result is yet to be published. On these allegations, he prays for a writ quashing the order rejecting his nomination by Opposite Party No. 2 and directing holding of a fresh election.
2. This writ application was filed on 11-6-70 and on that date, the Court passed an order of interim stay of publication of the result. No counter was filed and the facts averred in the petition are not denied.
3. There is no dispute that the petitioner filed two nomination papers as at Annexures 1 and 2 and Opposite Party No. 2 passed an order of rejection witho
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