JUDGMENT :

S.K. Mishra, J.

In the intra-Court appeal, the appellant-petitioner, i.e. the successful candidate in the election for Sarpach of Jharpada Gram Panchayat under Kantapada Panchayat Samiti, Cuttack assails the judgment passed by the learned Single Judge dismissing his writ petition, wherein he has challenged the order dated 05.07.2017 passed by the learned Civil Judge (Junior Division), 2nd Court, Cuttack in Election Misc. Case No.9 of 2017, thereby dismissing an application under Order 7, Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code" for brevity.)

2. Facts of the case are not disputed. Both the appellant-petitioner and the opposite party-respondent were candidates for the post of Sarpach of Jharpada Grama Panchayat. The appellant was declared elected on 23.02.2017. The opposite party-respondent being unsuccessful candidate filed Election Dispute under Sections 30 and 40 of the Orissa Grama Panchayat Act, 1964, hereinafter referred to as the 'O.G.P. Act' for the brevity, which was registered as Election Misc. Case No.9 of 2017 challenging the election of the present petitioner-appellant. Hereinafter the appellant-petitioner will be referr