JUDGMENT

P. K. TRIPATHY, J. — On consent of the parties, both the writ applications were heard analogously and are disposed of by this common judgment.

2. Upendra Biswal, petitioner in W.P. (C) No.1866 of 2004 filed Election Misc. Case No.5 of 2002 in the Court of Civil Judge (Junior Division), Jagatsinghpur challenging to the elec¬tion of Kamini Das, petitioner in W.P. (C) No.4838 of 2003, as the Sarpanch of Badagaon Grama Panchayat under Balikuda Panchayat Samiti in the district of Jagatsinghpur. For the sake of conven¬ience, hereinafter Upendra Biswal is described as the ‘applicant’ and Kamini Das as the ‘opposite party’.

3. The admitted fact amongst the parties is that on 23.02.2002 election was held to the office of the Sarpanch of Badagaon Grama Panchayat. Applicant and the opposite party be¬sides two other candidates figuring as opposite party Nos.4 and 5 in the Election Misc. Case, contested for the said post. Opposite party was declared elected on securing the highest vote. Appli¬cant secured the second highest vote. He filed the Election Petition under Sections 30 and 31 of the Orissa Grama Panchayat Act, 1964 (in short ‘the Act, 1964’). Applicant challenged to the afores