ORDER

M.M. Das, J. - Heard Mr. G. Mishra, learned Counsel appearing for the Petitioner and Mr. N.K. Sahu, learned Counsel appearing for the opposite party.

2. The opposite party herein as filed Election Misc. Case No. 98 of 2007 u/s 31 of the Orissa Grama Panchayat Act, 1964 (in short 'the Act') before the Civil Judge, (Junior Division), Bhadrak against the writ Petitioner, who is the returned candidate in the election to the post of Sarpanch of Bhagabanpur Gram Panchayat under Dhamnagar Block in the district of Bhadrak, inter alia, pleading that the Petitioner is a defaulter member of Bhadrak Sub-Division House Building Cooperative Society Ltd. and has failed to pay the loan amount. The Petitioner suppressed such material in his affidavit annexed to his nomination paper. It has been further alleged by the opposite party in the Election Petition that at the time of filing of nomination as he did not have authenticated copy to support his allegation made against the Petitioner, the nomination of the Petitioner was accepted and the allegation made by the opposite party was not enquired into. Accordingly, the opposite party pleaded in the Election Petition that the Petitioner was disqua