JUDGMENT :

M.M. Das, J. - The Petitioner & Opposite Party No. 2 were contesting the election for the office of Sarpanch, Abadan Grama Panchayat under Kakatpur Panchayat Samity in the district of Puri. The said seat was a reserved seat for OBC category. The Petitioner having obtained highest number of votes was declared elected to the office of Sarpanch of the said Grama Panchayat. The Opp. Party No. 2 filed an election petition, being Election Misc. Case No. 16 of 2007 before the Learned Civil Judge (Junior Division), Nimapara challenging the election of the Petitioner solely on the ground that the nomination paper of the Petitioner should have been rejected as the Petitioner does not belong to OBC category.

2. The Opp. Parties 2 & 3 pleaded that the caste of the father of the Petitioner has been recorded as "Dakua Paika." But the Petitioner on obtaining a caste certificate that she belongs to the caste of "Paika" filed her nomination paper. It was, therefore, pleaded by them that the said certificate was obtained by the Petitioner fraudulently from the Tahasildar. In the written statement of the Petitioner, she pleaded that she has been issued with the said certificate by the Tahasi