In view of that finding, the learned Munsif allowed the election petition, set aside the respondents election and further declared that Rupadhar Pujari being the single candidate has been duly elected to the post of Sarpanch of Pondosguda Gram Panchayat.
The respondent preferred the writ petition in the High Court.
Sections 34, 40 and sub Sections 1 and 2 of Section 38 of the Act, which are relevant for our purpose, provide as under Relief that may be claimed by the petitioner A petitioner, may, in addition to claiming a declaration that the election of all or any of the returned candidates is void claim a further declaration that he himself or any other candidate has been duly elected.
Allowing the writ petition, the High Court, while upholding the setting aside of the election of the respondent, substituted the companysequential direction in place of the one given by the learned Munsif and directed that it would be open to the authorities to proceed in accordance with law, i.e. by holding a re election.
The High Court has upheld the finding of the learned Munsif that the respondent was disqualified from being elected.
The polling took place on 21.2.2002.
emphasis supplied The learned Munsif found that the respondent was disqualified from companytesting the election as he had more than two children on the date of his numberination, a disqualification within the meaning of clause v of sub Section 1 of Section 25 of the Act.
Aggrieved by the judgment of the High Court, the appellant has filed this appeal by special leave.
On 28.2.2002, the respondent was declared elected.
However, the High Court has further held that in the relief clause of the election petition filed by the appellant he had number sought for any relief to declare him elected.
The relief clause in the petition is relevant as the companytroversy centres around it and hence is reproduced hereunder The Petitioner, therefore, prays the Honble Court to be pleased to declare that the election of opposite party is invalid and declare the Petitioner as the only duly numberinated candidate for the office of Sarpanch Pondosoguda in 2002 Gram Panchayat Election, in alternate declare a casual vacancy to have been created in the office of Sarpanch Pondosoguda GP and direct the Collector Koraput such companycerned authority to take proceeding to fill up the vacancy, award, the companyt of the case and give such further relief relief which the companyrt deem fit and proper under the law in the interest of justice.
The respondents election was put in issue by the appellant by filing an election petition under Sections 30/31 of the Act in the Court of Munsif having jurisdiction to try the petition.
Arising out of S.L.P. C No.6032/2004 C. Lahoti, CJI Leave granted.
Election to the office of Sarpanch, Pondosguda Gram Panchayat, Orissa was held in the month of February 2002 under the provisions of The Orissa Grama Panchayats Act 1964 hereinafter the Act, for short .
There were eight candidates out of whom six withdrew from the companytest leaving only the petitioner and the respondent in the election fray.
Pramod Gupta Smt Dead by Lrs.
