IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) No.702 of 2025

Saraswati Mallick …. Petitioner

Mr. B. Pradhan, Advocate

-

-Versus

State of Odisha & others …. Opposite Parties

Mr. Prabir Kumar Ray, AGA

Mr. S.K. Dash, Advocate for O.P.No.3

CORAM:

JUSTICE R.K. PATTANAIK

DATE OF HEARING: 11.09.2025

DATE OF JUDGMENT: 18.11.2025

1. Instant writ petition is filed by the petitioner assailing the impugned judgment dated 24^th December, 2024 passed in connection with Election Appeal No. 06 of 2024 by the learned District Judge, Paralakhemundi, Gajapati confirming the decision of the learned Civil Judge (Junior Division), Mohana in Election Petition No. 06 of 2022 dated 6^th September, 2024 on the grounds inter alia that the same is arbitrary and contrary to law, hence, therefore, liable to be

interfered with and set aside.

2. The petitioner is the returned candidate in the election held on 16^th February, 2022 for the post of Sarpanch of Damadua

G.P. under Mohana Panchayat Samiti in the district of Gajapati. The result of the said election was announced declaring the petitioner as the elected candidate receiving 749 votes, whereas, opposite party No.3 polled 620 votes and another candidate, namely, opposite party No.4 managed 511 votes. The losing candidate, namely, opposite party No.3 filed the election petition in the Court of learned Civil Judge (Junior Division), Mohana seeking a declaration of the election process and such election of the petitioner as the Sarpanch of the concerned G.P. as null and void with a plea that he is having more than two children born after the commencement of the Orissa Gram Panchayat (Amendment) Act, 1994 and further to declare her as the elected Sarpanch having secured second highest votes in the election.

3. A copy of the election petition is at Annexure-1 and the same is gone through.

4. According to the petitioner, the election was held on 16^th February, 2022 and three candidates including her submitted the nomination papers received in Form No.4 and after scrutiny of the same, the list of validly nominated candidates were declared in alphabetical order as per Rule 32 of the Odisha Grama Panchayat Election Rules, 1965 (hence to be called as ‘the Rules’). It has been pleaded that at the time of scrutiny of the nomination paper, no allegation was found against the petitioner for having more than two children born to her after the cut-off date i.e. 18^th April, 1994, but with such an allegation, the election petition was filed by opposite party No.3 allegedly with the information obtained from the Anganwadi Centre through P.I.O-cum-C.D.P.O., Mohana under the RTI Act, whereafter, the petitioner filed the written statement therein and denied the assertion of opposite party No. 3 alleging that the election petition was filed with a malafide intention to harass her. A copy of the counter filed by the petitioner is at Annexure-2. At last, upon receiving the evidence from both the sides, the learned Civil Judge (Junior Division), Mohana disposed of election dispute vide Annexure-4 on 6^th September, 2024 allowing the same partly and directed a fresh election to be held with the petitioner being disqualified as the Sarpanch. As against the said judgment in Election Petition No. 06 of 2022 dated 6^th September, 2024, the petitioner filed the appeal but it was dismissed upholding the decision declaring the result of election to the post of Sarpanch of the G.P. in question as invalid and to conduct fresh election for creation of casual vacancy as a result thereof.

5. Perused the counter affidavit of opposite party No.3 and the rejoinder affidavit filed by the petitioner to the same.

6. Heard Mr. Pradhan, learned counsel for the petitioner and Mr. Dash, learned counsel for opposite party No.3 besides Mr. Ray, learned AGA for the State.

7. Mr. Pradhan, learned counsel for the petitioner submits that the decision of the learned court below confirming the judgment in Election Petition No. 06 of 2022 declaring the election of the petitioner a