JUDGMENT

B.K. PATEL, J. : This writ application is directed against the order dated 27.2.2010 passed by the learned District Judge, Ganjam-Gajapati, Berhampur in Election Petition No.11 of 2008 holding that the petitioner is disqualified under Section 16(1)(ix) of the Orissa Municipal Act, 1950 (for short ‘the Act’) to be a Councillor of the Notified Area Council, Khallikote (for short ‘N.A.C.’). Election Petition No.11 of 2008 was filed by O.P. No.1, one of the Councillors of the N.A.C. against the petitioner and O.Ps. 2 to 5, officials entrusted to the task of conducting elections.

2. Polling for election to the Council of the N.A.C. was held on 19.9.2008. For the purpose, nominations were received from 25.8.2008 to 27.8.2008. Declaration of successful candidates was made on 20.9.2008. O.P. No.1 was declared as a Councillor from Ward No.5 and the petitioner was declared elected as a Councillor from Ward No.3. On 30.9.2008 the petitioner was declared to be the Chairman of the N.A.C.. First meeting of the Council was held on 11.11.2008.

3. It was alleged in the election petition that the petitioner was disqualified for election as a Councillor of the N.A.C. as on the date of filing