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.

JUDGMENT :

R.K. Pattanaik, J.

1. Both the writ petitions are disposed of by the following judgment, since, a common cause of action is involved.

2. W.P.(C) No.5196 of 2025: Instant writ petition is filed by the petitioner (hence called as ‘the returned candidate’) challenging the impugned judgment in Election Appeal No.10/3 of 2024 of the learned 1^st Additional District Judge, Puri confirming the decision of the learned Civil Judge (Senior Division), Pipili, Puri in Election Misc. Case No.01 of 2022 for having declared her as disqualified holding the position of Chairman of Delang Panchayat Samiti and consequently, as the Panchayat Samiti Member, Harirajpur Gram Panchayat with opposite party No.1 (hence referred as ‘the election petitioner’) to have been duly elected instead as per Section 44 -J(2) read with -E of the Odisha Panchayat Samiti Act, 1959 (hereinafter referred to as ‘the Act’) and additionally directing election to be held to fill up the post of the Member, Panchayat Samiti of the G.P. due to creation of a casual vacancy, as a result of such disqualification on the grounds inter alia that such decision is clearly erroneous and against the weight of evidence and hence, legally not tenable and therefore, liable to be interfered with and set at naught.

3. W.P.(C) No.5565 of 2025: Whereas, the present writ petition is at the behest of the election petitioner challenging the judgment in Election Appeal No.10/3 of 2024 of the learned court below to the extent setting aside the order of the learned Civil Judge (Senior Division), Pipili, Puri in Election Misc. Case No. 01 of 2022 declaring her as the elected Chairman of Delang Panchayat Samiti on the ground that the impugned decision is not sustainable in law, hence, deserves to be set aside thereby restoring such declaration expedient in the interest of justice.

4. The returned candidate was elected as the Chairman of Delang Panchayat Samiti, whereafter, the election petitioner filed Election Misc. Case No.01 of 2022 in the court of learned Civil Judge (Senior Division), Pipili, Puri seeking a declaration that the former is disqualified under Section 45 (v) of the Act read with 2^nd proviso thereto and accordingly, election as the Chairman of the Panchayat Samiti and resultantly, as Member of the G.P. as illegal and void and consequentially to declare her to be duly elected to the post of Chairman being the sole contesting candidate. The learned Civil Judge disposed of the election petition and declared the returned candidate’s election to be void and the election petitioner to be the Chairman of the Panchayat Samiti. Being aggrieved of the above decision, the returned candidate filed Election Appeal No.10/03 of 2024 and it was finally disposed of by the learned court below upholding the decision on disqualification to the extent declaring such election as void but reversed the finding and the consequential declaration in favour of the election petitioner to be the Chairman of the Panchayat Samiti and directing the authority concerned to fill up the said post for having a casual vacancy created. As a result, both the parties, filed the writ petitions with respective reliefs.

5. The returned candidate belongs to Gada-Motari G.P. whereas, opposite party No.1 is from Kothabada G.P. situate under Delang Block in the district of Puri. The State Government issued a notice on 11^th January, 2022 for the election and accordingly, the election process was commenced and the returned candidate contested the election for the post of Member, Harirajpur G.P. along with other can