JUDGMENT :

J.K. Mohanty, J. - Petitioner who was serving as the Headmaster of Kantor M. E. School, an aided educational institution, since 1972, in order to contest the Panchayat Samiti (Chairman) election!of Parajanga Panchayat Samiti, submitted his resignation on 2.1.1984 to the Managing Committee. The Managing Committee of the School held its meeting on 4. 1. 1984 and the petitioner was intimated about acceptance of the resignation by the Secretary of the school with effect from 5.1.1984 vide Annexure-1. Prior to this the petitioner had given notice to the Managing Committee that he no longer wanted to continue in service. He had to resign from service as u/s 45(1) (j) of the Orissa Panchayat Samiti Act (hereinafter called 'the Act') a person who is a teacher in any school recognised under the provisions of the Orissa Education Code shall not be eligible to stand for election. On 8. 2. 1984 the petitioner filed his nomination paper before opposite party No. 1, the S. D. O., who was the Election Officer. Opposite parties 2 to 11 also filed nomination papers. On 9. 2. 1984 opposite party No. 1 scrutinised the nomination paper of the petitioner and rejected the same vide his order i