Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Anusaya Sahoo @ Sahu – Appellant
Versus
Alaka Panda – Respondent
JUDGMENT :
R.K. PATTANAIK, J.
1. Instant writ petition is filed by the petitioner assailing the correctness, legality and judicial propriety of the impugned judgment dated 7th February, 2024 as at Annexure-4 passed in connection with F.A.O. No.16 of 2023 by the learned Additional District Judge, Kamakhyanagar confirming the decision in Election Misc. Case No.07 of 2022 dated 30th November, 2023 of the learned Civil Judge (Junior Division), Kamakhyanagar as per Annexure-3, whereby, her election as Sarapanch of Kankadahad Gram Panchayat has been declared void in view of Section 25 (1)(w) of the Odisha Grama Panchayats Act, 1964 (hereinafter referred to as ‘the Act’) on the grounds inter alia that such declaration is not legally tenable and hence, liable to be interfered with and set aside in the interest of justice.
2. In fact, opposite party No.1 filed the election petition for declaring the election of the petitioner as invalid in view of Section 25 (1)(w) of the Act of filing a false affidavit along with the nomination paper thereby not disclosing the liabilities incurred by her inviting disqualification under the provisions of the Act in terms thereof and considering the same, the
A candidate's election cannot be invalidated for non-disclosure of liabilities unless it is shown to materially affect the election result, as established under the Odisha Grama Panchayats Act.
Election - Qualification/Disqualification - Non-disclosure of offence/criminal cases - Election of petitioner is liable to be set aside on account of nondisclosure of Criminal Case which amounts to u....
The election petition was dismissed due to failure to prove that the alleged non-compliance with election affidavit laws materially affected the election outcome.
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.
Point of Law : In the event of a necessary party not being made a party to the Election Petition, it would be incumbent upon the Court to dismiss the petition.
(1) Election petition – Success of a winning candidate at an election should not be lightly interfered with.(2) There is no absolute mandate that every non-disclosure, irrespective of its gravity and....
An election petition must contain sufficient material facts to allege a cause of action; vague claims regarding corrupt practices and qualifications cannot sustain a legal challenge.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
