JUDGMENT

A. K. PATNAIK, J. — The opposite party No.3 was declared elected as a Panchayat Samiti member of Rairakhol Panchayat Samiti. On 8.3.2002, Election Misc.Case No. 48 of 2002 was filed by the petitioner under Section 44-B of the Orissa Panchayat Samiti Act, 1959 before the learned Civil Judge (Senior Division), Sambalpur challenging the election of opposite party No.3 as Samiti Member. On 20.9.2002, opposite party No.3 filed a petition challenging the maintainability of the said Election Misc.Case No. 48 of 2002 on the ground that a sum of Rs. 200/- as security for the cost has not been deposited along with the election petition and the election petition was liable to be dismissed for non-compliance of the provisions of the said Section 44-B of the Act. The petitioner filed an objection to the said petition dated 20.9.2002 filed by the opposite party No.3 contending inter alia that the provisions of Section 44-B of the Act were complied with. The learned Civil Judge refused to decide the aforesaid question of maintainability of the election misc.case initially by order dated 15.11.2002. Thereafter another petition was filed by the opposite party No.3 with a similar prayer, bu