IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) No.14471 of 2025

Nirakar Nayak …. Petitioner

Mr. Sk. Zafarulla, Advocate

-

-Versus

Collector-cum-District …. Opposite Parties

Magistrate, Phulbani &

others

Mr. P.K. Ray, AGA

Mr. A.P. Bose, Advocate for O.P.No.3

CORAM:

JUSTICE R.K. PATTANAIK

DATE OF HEARING:20.08.2025

DATE OF JUDGMENT:25.11.2025

1. Instant writ petition is filed by the petitioner challenging the impugned judgement in Election Appeal No.01 of 2025 as at Annexure-2 of the learned District Judge, Phulbani confirming the order of disqualification vide judgment dated 11^th December, 2024 passed in connection with Election Misc. Case No. 02 of 2022 by the learned Civil Judge, (Junior Division), Phulbani-cum-

Election Tribunal, Phulbani on the grounds stated.

2. As pleaded on record, pursuant to the notice dated 8^th January, 2022, a notification was issued by the Election Officer-cum-BDO, Phiringia for election to the post of Sarpanch of Balandapada GP scheduled to be held on 22^nd

February, 2022 and in that connection, nomination papers were filed between 17^th January, 2022 and 21^st January, 2022 which was scrutinized on 22^nd January, 2022, whereafter, opposite party No.2 published the final list of the contesting candidates with symbols allotted to each of them. Finally, the petitioner and four other candidates contested the election held on the date fixed and the votes were counted on 26^th February, 2022 and lastly, opposite party No.2 declared the petitioner as the elected Sarpanch and thereafter, the result was published.

3. Opposite party No.3 challenging the election of the petitioner, with the allegation that the latter is having more two children born after the cut-off date, filed Election Misc. Case No. 02 of 2022 praying therein declaring such election by him to the post of Sarpanch to the GP as null and void in view of Section 25(1)(v) of the Odisha Grama Panchayats Act, 1964 (hereinafter referred to as ‘the Act’). After receiving the response and evidence from both the sides, the learned Trial Court disposed of the election dispute declaring the election of the petitioner as invalid by judgment dated 11^th December, 2024 at Annexure-1. Against such decision, the petitioner preferred Election Appeal No. 1 of 2025 and the learned District Judge, Kandhamal at Phulbani dismissed it vide Annexure-2. According to the petitioner, the learned Courts below committed gross illegality in declaring the election of the petitioner as void without considering the materials on record merely on the basis of the evidence adduced by opposite party No.3 which is, hence, unjustified and legally not tenable.

4. Heard Mr. Zafarulla, learned counsel for the petitioner and Mr. Bose, learned counsel for opposite party No.3 besides Mr. Ray, learned AGA for the State.

5. Mr. Zafarulla, learned counsel for the petitioner would submit that one Debasis Bhoi, one of the contesting candidates had filed Election Misc. Case No. 01 of 2025 before the same Court, wherein, opposite party No.3 participated and even filed objection but he was thereafter set ex parte by order dated 6^th August, 2022 and considering the evidence adduced, the learned Civil Judge, (Junior Division), Phulbani dismissed the election petition by judgment dated 29^th November, 2024. It is further submitted that opposite party No.3 did not participate in the election dispute when the issue was the same and hence, subsequent challenge by him is not permissible under law and so the disqualification of the petitioner. The contention is that the judgment dated 29^th November, 2024 in Election Misc. Case No. 01 of 2022 stands as a bar to the election dispute filed by opposite party No.3. According to Mr. Zafarulla, learned counsel for the petitioner entertaining the election petition at the behest of opposite party No.3 is not permissible in view of Section 11 CPC.

6. On the contrary, Mr. Bose, learned counsel for opposite party No.3 would submit that the learned Courts below did not err or commit any i