The main legal point established in the judgment is the importance of statutory documents over non-statutory documents in establishing age qualification for election candidates, as per the provisions of the Gram Panchayat Act.

JUDGMENT :

Biswanath Rath, J.

This is a writ petition under Article 227 of Constitution of India involving the impugned judgments arising out of Election Appeal No.1 of 2018 disposed of by the Additional District Judge, Champua, vide Annexure1 thereby confirming the judgment involving Election Misc. Case No.2 of 2017 disposed of by the Civil Judge (Jr.Divn.), Champua, vide Annexure-2.

2. Background involving the case is that O.P.5 herein filed election dispute involving the petitioner, the elected candidate, O.P.4 therein and another contesting candidate, Sulochana Nayak, O.P.5 therein thereby assailing the election of the present petitioner on the premises of the present petitioner being a disqualified candidate to contest the election for her not attaining the age of 21 years and that there has been illegal acceptance of the nomination paper of O.P.4 therein.

Background involving the election dispute remains that O.Ps.4 & 5 and the present petitioner contested for the post of Sarapanch of Sadangi Gram Panchayat under Champua Block. Election for the post of Sarapanch was held on 21.2.2017. O.P.5 was allotted with symbol "Sun" whereas O.P.4 herein also appearing as O.P.5 in the election dispute was allotted with symbol "Machha" and the present petitioner appearing as O.P.4 therein was allotted with symbol "Khola Bahi". Date for filing of nomination was 17.1.2017 and the date for scrutiny was on 18.1.2017. It is alleged that in spite of allegation the petitioner, O.P.5 herein objected the candidature of present petitioner, O.P.4 therein to disqualify from being contesting the election following the provision of the Gram Panchayat Act for her not attaining 21 years of age. She was allowed to contest the election even before turning down the objection of O.P.5 herein, and therefore, there was an allegation of improper acceptance of nomination of the present petitioner. Election was held on 21.2.2017. Present petitioner, O.P.4 therein was announced and declared by the Election Officer on 23.2.2017, who has been elected as Sarapanch of Sadangi Gram Panchayat. It was alleged therein that the date of birth of the present petitioner, O.P.4 was 10.10.1996. O.P.4 had filed her affidavit showing her age to be 20 years and as such she was clearly disqualified. Thus filing the election dispute the election petitioner, O.P.5 herein while seeking declaring the election of the present petitioner as bad also sought for a declaration to declare O.P.5 herein, i.e., election petitioner to have been elected in the election involved. On her appearance O.P.4, i.e. the present petitioner filed objection. The present petitioner while disputing the claim of the election of the petitioner, who has raised objection on the age of the petitioner, answering on the dispute on her age while stating that she had already attained the age of 21 years at the time of filing of her nomination, the petitioner also justified her claim attaining the qualified age by producing several certificates in proof of her age. Thus the elected candidate, the petitioner contested the case on the premises that she had sufficient proof of her being qualified by attaining the required age on the date of nomination.

To satisfy their respective case, the election petitioner examined six witnesses (P.Ws.1 to 6) and exhibited (Exts.1 to 29), whereas O.P. therein examined two witnesses (O.P.Ws.1 & 2) and also exhibited (Exts.A to C/1).

3. Based on the pleading of the parties and filing of document, the Tribunal framed the issues as follows :-

"(a) Whether the Election petition is maintainable ?

(b) Whether the Election petitioner has any cause of action to file the Election petition ?

(c) Whether the Election petition is barred for non-joinder or mis-joinder of necessary parties or proper parties ?

(d) Whether the Election petition is barred by the principles of limitation ?

(e) What is the actual date of birth of O.P.No.4 and whether O..No.4 was ineligible to contest the Election for the post Sar