The main legal point established in the judgment is the discretion provided under Section 31 of the Orissa Grama Panchayats Act, 1964 to condone the delay in filing an election petition if the petitioner satisfies the court about the existence of sufficient cause.

ORDER

Heard Learned Counsel for the parties.

2. Order Dated 5.1.2008 passed by the Learned Civil Judge (Junior Division), Nimapara in Election Misc. Case No. 14 of 2007 allowing the petition for amendment of the election petition filed by the present Opp. Party has been assailed in this Writ Petition.

3. The present Opp. Party filed Election Misc. Case No. 14 of 2007 challenging the election of the present Petitioner as Sarpanch of Nagpur Grama Panchayat, mainly on the ground that his nomination paper for the election was illegally rejected by the B.D.O.-cum-Election Officer, Opp. Party No.5 in the Election Misc. Case. Prayer in the election petition was made to declare the election of the Sarpanch void along with other reliefs. In the Election Misc. Case the Opp. Party filed a petition for amendment of the election petition for incorporating a new ground of challenge to the effect that the present Petitioner is working as a lecturer in Indira Gandhi Mahila Mahavidyalaya, Nimapara and as such holding an office of profit which he did not disclose in his nomination paper and, therefore, he was disqualified to contest the election for the post of Sarpanch of the Grama Panchayat. It was further stated that the Opp. Party had no knowledge at the time of filing of election petition about such disqualification of the Petitioner which he came to learn later. The present Petitioner filed his objection to the amendment petition denying the allegation that he was working as a lecturer in the College at the time of filing of his nomination and further contending that the amendment if allowed would change the nature and character of the case and that the petition was beyond the period of limitation. By the impugned order, the Trial Court allowed the amendment petition subject to payment of cost of Rs. 100 holding that it would avoid multiplicity of proceedings and it is necessary for just decision of the case.

4. Learned Counsel for the Petitioner submits that Section 31 of the Grama Panchayats Act prescribes a period of 15 days for filing an election petition and, therefore, the amendment petition having been admittedly filed beyond 15 days after the date on which the Petitioner’s name was published under Section 15 of the Act, the amendment cannot be allowed. He has relied on a decision of the Apex Court in K.D. Deshmukh v. Jayaswal; AIR 1992 SC 164, where an amendment petition urging new ground under the Representation of the People Act was held to be not maintainable as being barred by the limitation (beyond 45 days) provided for filing election petition under the said Act.

5. Learned Counsel for the Opp. Party, on the other hand, contends that second proviso to Section 31 of the Orissa Grama Panchayats Act, 1964 confers a discretion on the Learned Civil Judge (Junior Division) to condone the delay in filing of election petition beyond the period of limitation if the election-Petitioner satisfies the Court about existence of sufficient cause that prevented him to file the petition within the period of 15 days. He further submits that since the decision in K.D. Deshmukh (supra) is not under the Orissa Grama Panchayats Act but under the Representation of the People Act which does not contain any provision for condoning delay for presentation of an election petition, the said decision will have no application to the present case.

6. Sub Section (1) of Section 31 of the Orissa Grama Panchayats Act, 1964 provides as under :

"31. Presentation of petitions -(1) The petition shall be presented on one or more of the grounds specified in Section 39 before the Civil Judge (Junior Division) having jurisdiction over the place at which the office of the Grama Sasan is situated together with a deposit of such amount, if any, as may be prescribed in that behalf as security for costs within fifteen days after the date on which the name of the person elected is published under Section 15 :

Provided that if the office of the [Civil Judge (Junior Division)] is