JUDGMENT :

M.M. Das, J. - Gram Panchayat elections in the State of Orissa were held in the month of February, 2007. The date of filing of nomination papers wasfixed as 9th January, 2007. The Petitioner as well as the opposite party No. 3 filed their nomination papers for contesting in the election to the post of Sarpanch of Ekasingi Gram Panchayat in the District of Ganjam. The nomination papers were scrutinized and accepted. The result of the election was published on 22.02.2007 declaring the Petitioner as the elected Sarpanch of the said Gram Panchayat.

2. On the date of filing of the nomination paper, the opposite party No. 3 filed an objection before the Election Officer stating therein that the nomination paper filed by the Petitioner should be rejected on the ground that he has not attained the age of 21 years as mandatorily required u/s 11(b) of the Orissa Gram Panchayat Act, 1964. However, the Election Officer accepted the nomination paper of the Petitioner. Voting was held on 13.02.2007. The Petitioner secured 609 votes and the opposite party No. 3 secured 561 votes out of the valid votes cast. The opposite party No. 3 thereafter filed a election dispute before the Civil Jud