Judgement

G. K. MISRA, C. J. : The petitioner was elected as chairman of Buguda Panchayat Samiti in the district of Ganjam. He assumed charge of the office of the Chairman on 25-1-1961. The term of office under the statute as it then stood was for a period of five years and was due to expire on 25-1-1966. The term of office was extended under Section 46-D of the Orissa Panchayat Samiti and Zilla Parishad Act, 1959 (hereinafter to be referred to as the Act) till 14-8-1967; but the same was subsequently reduced to 10-4-1967 under Section 46-D proviso (a), when the petitioner made over charge. From 10-4-1967 to 14-1-1968 the Sub-Divisional Officer remained in charge of the office of the Chairman under Section 46-D, Proviso (d). There was a fresh election. The petitioner was again elected as Chairman of the Panchayat Samiti and he assumed charge of the office on 15-1-1968. He resigned his office on 12-12-1970. He filed his nomination paper for election of Chairman of the Panchayat Samiti on 26-12-1970. The Election Officer (opposite party No. 3) rejected his nomination under Section 16 (3), Proviso (a), on the ground that the petitioner being Chairman for two consecutive terms was ineli