JUDGMENT :

M.M. Das, J. - The Petitioner was declared elected as Chairman of Gondia Panchayat Samiti. His election was challenged by the Opp. Party No. 1 in Election Petition No. 28 of 2007 before the Learned Civil Judge (Senior Division), Dhenkanal on the grounds, inter alia, that despite the objection raised by him before the Election Officer - Opp. Party No. 2 that 7 to 8 ballot papers were liable to be rejected on account of visible signs or marks present therein so as to identify the respective voters, but the Opp. Party No. 2 improperly counted the votes in favour of the successful candidate (Petitioner). After closure of evidence from both the sides, the Election Tribunal on scrutiny of the ballot papers declaring the election of the Petitioner as Chairman to be null & void, declared the Opp. Party No. 1 to have been successfully elected to the post of Chairman. Aggrieved by the Judgment passed by the Election Tribunal, the Petitioner preferred an appeal registered as FAO No. 7 of 2008 before the Learned District Judge, Dhenkanal. The Learned District Judge upon hearing of the said appeal confirmed the Judgment of the Election Tribunal. Being aggrieved, the Petitioner has app