JUDGMENT :

R.K. Patra, J. - The plea of the Petitioner that the election petition challenging his election as Sarpanch is not maintainable having been rejected by the learned Civil Judge (Junior Division), Berhampur in the order dated 30-6-1999 at Annexure-1, he has come up with this writ petition for quashing of the same.

2. Factual Matrix:

For the election to the office of the Sarpanch, Keluapalli Grama Panchayat the Petitioner and opposite party No. 4 filed their nominations which were duly accepted. On 18-12-1996 the opposite party No. 4 filed M.J.C. No. 267 of 1996 in the court of Civil Judge (Junior Division), Berhampur praying for rejection of the nomination paper of the Petitioner. The said case was dismissed on 13-2-1997. In the mean time, i.e. on 14-1-1997 the election was held. On 21-1-1997 opposite party No. 4 filed M.J.C. No. 14 of 1997 praying for declaration that the Petitioner was disqualified to contest the election. The allegation was that there was rigging of votes and casting of votes was done in the name of dead persons and absentee voters. On 27-1-1997 the election result was announced and the Petitioner was declared elected. On 29-1-1997 opposite party No. 4 fil