JUDGMENT

A. K. PATNAIK, J. — The election for Panchayat Samiti Member of Rangani Grama Panchayat of Rajnagar Panchayat Samiti was held on 19.02.2002 in which the petitioner and opposite par¬ties 1 and 2 contested. Opposite party No. 1 filed an election petition numbered as Election Misc.Case No.1 of 2001 in the Court of the learned Civil Judge (Senior Division) -cum-Election Com¬missioner, Kendrapara stating, inter alia, that opposite party No.1 was declared elected initially by a public announcement, but thereafter the petitioner was declared elected after a show of re-counting by the Election Officer. The petitioner filed his show-case in the said Election Misc. Case No.1 of 2002 before learned Civil Judge (Senior Division) -cum- Election Commission¬er, Kendrapara on 15.7.2002. The petitioner also filed petitions on 15.7.2002 and 30.9.2002 challenging the maintainability of the election petition on the ground that the allegations are vague and imaginary and the election petition does not disclose a cause of action and further the election petition is not signed and verified as required under Section 44-D of the Orissa Panchayat Samiti Act, 1959. By order dated 29.01.2003, the lea