The main legal point established is that the disqualification of the appellant under Section 25(1)(v) of the Orissa Grama Panchayat Act 1964 was upheld, and the Court would not interfere with concurrent findings of fact unless palpable irregularity was shown.

JUDGMENT :

B.R. Sarangi, J.

1. The appellant, being the writ petitioner, has filed this intra-Court appeal against the order dated 15.10.2015 passed by the learned Single Judge of this Court in W.P.(C) No. 26291 of 2013 confirming the orders dated 7.10.2013 passed by the learned District Judge, Ganjam in Election Appeal No. 2 of 2013 and dated 31.01.2013 passed by the learned Addl. Civil Judge (Junior Division), Digapahandi in Election Petition No. 4 of 2012 holding that the election of the appellant to the office of Sarpanch of Dayanidhipur Grama Panchayat in the district of Ganjam is bad in law since it violates Section 25(1)(v) read with Section 31 of the Orissa Grama Panchayat Act 1964.

2. The factual matrix of the case, in hand, is that pursuant to a declaration for holding tire Panchayatraj election by the State Election Commissioner, the Election Officer issued notification inviting nominations from the deserving candidates for election of Sarpanch of Dayanidhipur Gram Panchayat constituency in between 07.01.2012 and 12.01.2012. Accordingly the appellant as well as respondent no.1 filed their nominations on 7.1.2012 for the office of Sarpanch of the Dayanidhipur Gram Panchayat constituency under Sanakhemundi Block. After scrutiny of the nomination papers, the appellant and the respondent no.1 were allotted election symbols, but the respondent no.1 raised objection with regard to the nomination of the appellant as he has more than two children after the date of commencement of the Orissa Gram Panchayat (Amendment) Act, 1994 as per the provisions of Section 25(1)(v) of the said Act. It is further stated that the appellant has two sons, namely, Balaram Jena, who was born on 10.03.1996 and Kalu Charan Jena who was born on 21.03.1998. Balaram is prosecuting his studies in +2 in Pochilima College while Kalu Charan is studying in Class IX in Alarigada Panchayat High School. The third female child, Sibani Jena, was born on 25.01.1999 and prosecuting her study in class VII. At the time of submission of the nomination and more so, the third child having been born after the cut-off date, the appellant incurs disqualification as per the provisions of Section 25(1)(v) of the Orissa Gram Panchayat (Amendment) Act, 1994. Accepting the nomination on 13.1.2012, and over ruling the objection raised by respondent no.1 on 11.02.2012, election was held on 21.02.2012. Since the appellant was allowed to participate in the election itself in spite of the objection raised by respondent no.1, after he was elected to the said office, respondent no.1 raised election dispute under Sections 30 and 31 of the Orissa Gram Panchayat Act by presenting a properly constituted application before the learned Civil Judge, (Jr. Division), Digapahandi registered as Election Petition No. 4 of 2012 seeking declaration of election of the appellant as Sarpanch of Dayanidhipur Gram Panchayat void as he has incurred disqualification.

3. Though the election petition was filed before the learned Civil Judge, (Jr. Division), Digapahandi but it was heard by the learned Additional Civil Judge, (Jr. Division), Digapahandi. On examining the oral and documentary evidence, the learned Additional Civil Judge, (Jr. Division), Digapahandi allowed the Election Petition and declared that the appellant is disqualified to hold the post of Sarpanch of Dayanidhipur Gram Panchayat vide order dated 31.01.2013 and directed the Election Officer to hold fresh election. Challenging the said order, the appellant preferred an appeal before the learned District Judge, Ganjam, Berhampur in Election Appeal No.02 of 2013. The lower appellate Court vide judgment dated 07.10.2013 dismissed the appeal preferred by the appellant and confirmed the order passed by the learned Additional Civil Judge, (Jr. Division), Digapahandi. Against the said order, the appellant filed W.P.(C) No. 26291 of 2013 before this Court and the learned Single Judge by judgment dated 15.10.2015 did not feel inclined to interfere