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2003 Supreme(Ori) 100

PRADIP MOHANTY
Tilatama Bhatra – Appellant
Versus
State Election Commission, Orissa – Respondent


Advocates:
For Petitioner:M/s. A. K. Ray, S. Ray, S. Dey, A. Mohanty and S. P. Das
For Opp. parties:Mr. A. K. Misra (for opposite party No. 1)

JUDGMENT

P. K. BALASUBRAMANYAN, CJ. — As per notification dated 10.1.2002, the State Election Commission, Orissa called upon all the Grama Panchayats in the State to elect Ward Members and Sarpanches for the purpose of constituting the Grama Panchayats. The said notification also set down the schedule of election from the commencement of the issue of the notice by the Election Offi¬cer under Rule 24 of the Orissa Grama Panchayats Election Rules, 1965 till publication of the name of the duly elected Naib- Sar¬panch. What is relevant for our purpose is to note that 22.1.2002 was fixed as the date for scrutiny of nominations under Rule 29 of the Orissa Grama Panchayats Election Rules, (hereinaf¬ter referred to as the ‘Rules’) and 23.1.2002 was fixed as the date for publication of the list of the validily nominated candi¬dates under Rule 32 (1) of the Rules. Withdrawal had to be done by 25.1.2002, and publication of the final list of contesting candi¬dates was to be published on 25.1.2002. The declaration of result of Sarpanch and the Ward Members under Rule 51 of the Rules was to be made on 28.2.2002.

2. In Dahana Grama Panchayat, pursuant to the notification above, three nominations







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