IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 36841 of 2025 Sushila Mallik …. Petitioner Mr. T.K. Mishra, Advocate -versus-

1. Banita Mallik …. Opposite Parties

2. Rina Mallik

3. Block Development Officer-

cum-Election Officer, Surada Panchayat Samiti, Ganjam

4. District Election Officer-

cum-Collector, Ganjam Mr. A. Kejriwal, Advocate CORAM: JUSTICE V. NARASINGH

ORDER

16.01.2026 Order No.

02. 1. Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.

2. This is the second journey of the Petitioner to this Court.

3. The Petitioner is the Respondent No.1 in Election Petition No.01 of 2022 on the file of the learned Civil Judge (Jr. Division), Surada instituted by the Opposite Party assailing his election as Sarpanch inter alia on the ground that the Petitioner has incurred the disqualification of having more than two children by the cut-off date i.e., 21.04.1995, in terms of Section 25(1)(v) of Orissa Grama Panchayat Act 1964. Paragraph-5 & 6 of the Election Petition reads thus:-

“5. That,- as prescribed U/s. 25 1 (V) of the said Act the respondent No.1 disqualified to contest Sarpanch as her second & third child was born on 02.02.2002 and 28.07.2007 respectively i.e. after cut of date i.e.

21.04.1995.

6. That, the date of birth of the second and third children, were born after cut of date as recorded in the School Register of Barahi U.P. School, Sidhapur and Govt. Nodal High School, Gouda Gotha respectively as detail given in the schedule below.

Sl.No. Name of the Child Name of Parents Date of Birth

1. Sunita Mallik Magi Malik(Father) 02.02.2002 (Second child) Susila Mailik (Mother)

2. Mamata Malik Magi Malik (Father) 28.07.2007 (Third Child) Susila Mailik (Mother)

4. After filing of the written statement an amendment was sought for by the Election Petitioner-Opposite Party No.1 for introducing details of the first child. For convenience of reference, relevant extract of the Amendment Petition is extracted hereunder:-

“4. That, the required amendment is as follows in

5th & 6th paragraph.

5^th Paragraph:-

That as prescribed U/s 25(1)(v) of the said act the respondent No.1 disqualified to contest Sarapancha as her first child born on 05/06/1990. Second & Third child born on 02/02/2002 & 28/07/2007 respectively i.e. after cut of date i.e.

21/04/1995.

6^th Paragraph:-

That, the date of birth of the first child i.e. Banita Mallik is 05.06.1990 as recorded in Govt. Primary School, Kalakhadi, Ganjam, the date of birth of the second and third children, were born after cut of date as recorded in the School Register of Barahi U.P.School, Sidhapur and Govt.Nodal High School, Goudagotha respectively as given details in the schedule below…………..”

5. An objection to the said effect was filed by the present Petitioner-the returned candidate, inter alia, on the ground that the same will change the nature and character of the lis.

6. Since the learned Court in seisin allowed the amendment, the Petitioner initially challenged the same by filing W.P.(C) No. 31650 of 2022 and this Court by order dated 29.04.2025, keeping in view that the Petitioner has a statutory remedy of appeal, directed him to prefer an appeal and accordingly the Petitioner filed Election Appeal No. 02 of 2025 before the learned Additional District Judge, Bhanjanagar. The judgment dated

27.11.2025 passed by the Appellate Court, concurring with the finding of the Trial Court and allowing the amendment, is assailed in the present writ petition.

7. It is the submission of the learned counsel for the Petitioner that allowing the amendment after filing of the written statement militates against the schematic arrangement of the Grama Panchayat Act relating to the Election Petition. And, in this context attention of this Court is drawn to Section 33 of the Orissa Grama Panchayat Act, 1964.

7-A. It is his further submission that, by way of amendment, the details which were not within the knowledge of the Petitioner at the time of filing of the Election Petition are sought to be