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HIGH COURT OF ORISSA : CUTTACK
D.DASH
Subenti @ Subantray Pradhan – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner disqualified due to children count. (Para 1 , 2 , 3) |
| 2. district judge's finding on child birth date. (Para 4) |
| 3. scope of interference in disqualification cases. (Para 5 , 6) |
| 4. petitioner's evidence challenged by opposite party. (Para 7) |
| 5. no perversity in the district judge's findings. (Para 8 , 9 , 10) |
| 6. writ application dismissed. (Para 11) |
ORDER :
D.Dash, J.
1. The petitioner, by filing this writ application, has assailed an order dated 01.10.2019 passed by the learned District Judge, Kandhamal, Phulbani in Election Petition No.02 of 2017.
The learned District Judge, by the impugned order, accepting the application filed by the opposite party no.5, as the petitioner therein under section 45-B of the Odisha Panchayat Samiti Act, 1959 (hereinafter, referred to as ‘the PS Act’), has held this petitioner (opposite party no.4 in the original petition) to be disqualified in terms of the provision of clause (v) read with the proviso thereto under sub-section (1) of section 45 of the PS Act.
2. The opposite party no.5, a sitting member of Daringibadi Panchayat Samiti, by filing an application before the learned District Judge, as provided under section 45-B of t
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