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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K. PATTANAIK
Ramesh Chandra Majhi – Appellant
Versus
Block Development Officer-cum-Election Officer of Panchayat Samiti, R. Udayagiri, Gajapati – Respondent
| Table of Content |
|---|
| 1. overview of election petition and disqualification grounds. (Para 1 , 2 , 3 , 4) |
| 2. details of court's past findings and subsequent appeals. (Para 5 , 6 , 8) |
| 3. evidence corroborating election petitioner's claims. (Para 9 , 11) |
| 4. court confirms previous disqualifications based on evidence. (Para 12) |
| 5. arguments on the necessity of fresh elections after disqualification. (Para 14 , 16) |
| 6. clarification on election law regarding second highest candidates. (Para 17 , 18 , 19) |
| 7. final judgment dismissing the writ petitions. (Para 20) |
JUDGMENT:
R.K. PATTANAIK, J.
For the sake of brevity and convenience, both the writ petitions have been clubbed together for disposal by the following common judgment.
1. W.P.(C) No.28836 of 2024: Instant writ petition is filed by the petitioner (shortly as ‘the election petitioner’) assailing the impugned judgment dated 12th September, 2024 passed in connection with Election Appeal No.01 of 2024 by the learned District Judge, Gajapati- Paralakhimundi as at Annexure-2 to the extent denying him a declaration as duly elected Sarpanch of Chellagada Gram Panchayat and for a direction for the competent authority to take steps to fill up the vacancy
A candidate cannot be declared elected merely based on receiving the second highest votes unless they prove eligibility under relevant laws following disqualification of another candidate.
A candidate can challenge the election of another under Section 44-A of the Odisha Panchayat Samiti Act, and disqualification occurs for having a third child born after the statutory cutoff date.
The Election Tribunal has the jurisdiction to entertain an Election O.P. filed under Sec. 21(3) of the Telangana Panchayat Raj Act, 2018, and the burden of proof lies with the petitioner to disprove ....
The Election Tribunal possesses jurisdiction to declare a candidate duly elected if the elected candidate suffers statutory disqualification, affirming the electoral integrity under the Orissa Pancha....
Disqualification for Sarpanch under the Odisha Grama Panchayats Act necessitates both the ability to read and write Odia and compliance with child birth cut-off dates; subjective assessments are esse....
In elections with multiple candidates, disqualification of one does not automatically declare the next highest candidate elected without considering valid voting patterns.
A candidate for Sarpanch must have the ability to read and write in Odia to avoid disqualification under the Odisha Grama Panchayats Act, 1964.
The election of a candidate can be declared void if they fail to disclose material information in their nomination, affecting the election outcome, as per the Bihar Panchayat Raj Act.
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