JUDGMENT

M.M. DAS, J. — Election to the post of Sarpanch of Jamunakote Grama Panchayat in the district of Dhenkanal was held on 21.2.2007. The petitioner along with opp. party no.1 and others contested the said election. After counting all the ballot papers, the petitioner having secured 757 valid votes was declared elected as Sarpanch of the said Grama Panchayat by the Election Officer-opp. party no.2. The opp.party no.1 secured the second highest number of valid votes. He challenged the election of the petitioner as the Sarpanch in Election Misc. Case No.16 of 2007 by filing the said election dispute before the Civil Judge (Junior Division), Kamakhyanagar on the ground of eligibility of the petitioner to contest the said election, alleging that the petitioner is unable to read and write Oriya and also questioning the correctness of counting of the ballot papers. On receiving notice, the petitioner filed her show cause denying all the allegations made in the election petition. The opp. party no.2-Election Officer also filed a show cause, inter alia, stating that after declaration of the result, on the application of the opp.party no.1 (election petitioner), recounting was made in r