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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.Pattanaik
Basanti Sahoo – Appellant
Versus
Ramadebi Routray – Respondent
| Table of Content |
|---|
| 1. judgment conclusion and dismissal of petitions. (Para 1 , 21) |
| 2. challenge to election validity. (Para 2 , 3) |
| 3. electoral disqualification criteria. (Para 4 , 5) |
| 4. civil procedure and election petition outcomes. (Para 6 , 7) |
| 5. maintainability of election petitions. (Para 9 , 10) |
| 6. additional evidence in appellate proceedings. (Para 13 , 14 , 15) |
| 7. admission through lack of denial. (Para 18 , 19) |
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 1st 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
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 possesses jurisdiction to declare a candidate duly elected if the elected candidate suffers statutory disqualification, affirming the electoral integrity under the Orissa Pancha....
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.
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 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.
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....
The court upheld the disqualification of a panchayat member for having children beyond the legal limit, highlighting the evidential burden to demonstrate non-disqualification rests with the elected o....
The court emphasized that a writ petition can be entertained to protect the right to a fair election, even in cases where an election petition may exist as an alternate remedy.
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