JUDGMENT

A. K. PATNAIK, J. — The petitioner and opposite party No. 3 contested for the post of Chairman of Rairakhol Panchayat Samiti. Opposite party No. 3 was elected as Chairman of Rairakhol Pan¬chayat Samiti. The petitioner presented Election Misc. Case No. 51/2002 in the Court of the learned Civil Judge (Senior Division). Sambalpur under Sections 44-A and 44-B of the Orissa Panchayat Samiti Act, 1959 (hereinafter referred to as ‘the Act’) Opposite party No. 3 filed an application before the learned Civil Judge (Senior Division), Sambalpur contending that the election petition was not maintainable as the petitioner has not complied with the mandatory provision of Section 44-B of the Act while presenting the election petition inasmuch as the peti¬tioner has not made the security deposit alongwith the election petition within the time prescribed under Section 44-B of the Act and as the petitioner and opposite party No. 3 were not the candidates from the same area for the post of Member, Panchayat Samiti and an election petition challenging the election to the post of Chairman of the Panchayat Samiti cannot be filed in view of the provisions of Section 44-C of the Act. In his order