Sumitra Hembram vs Sukhimani Soren And Another
2023 Latest Caselaw 11197 Ori

         IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P.(C) No.29803 of 2023

        Sumitra Hembram                        ....             Petitioner

                                      Mr. Subir Palit, Senior Advocate
                                   -versus-

        Sukhimani Soren and another            ....      Opposite Parties

                              Ms. S. Pattanayak, Addl. Govt. Advocate
                 CORAM: JUSTICE ARINDAM SINHA
                                   ORDER

Order                             13.09.2023
No.
  01.   1.     Mr. Palit, learned senior advocate appears on behalf of

petitioner and submits, his client was correctly held to be elected by

the trial Judge but on appeal, the judgment was reversed. Impugned is

appellate judgment dated 19th July, 2023. The finding is against

mandate of Odisha Grama Panchayats Act, 1964 and Odisha Grama

Panchayats Election Rules, 1965.

2. He submits, the disqualification of opposite party no.1 was by

reason of said person having had obtained registration in the electoral

roll of more than one ward in the grama. The rule is clear that no

person shall be registered as such. Hence, it fell within ground under

clause (e) in sub section (1) of section 39. Mandate thereby is for

declaring her the returned candidate as elected, to be declared void on

breach of said provision in the rules. He seeks interference.

// 2 //

3. Ms. Pattanayak, learned advocate, Additional Government

Advocate appears on behalf of opposite party no.2.

4. Court proceeds to deal with the writ petition without directing

issuance of notice on opposite party no.1 because, view taken is that

impugned judgment is one which a reasonable or prudent person

would also have decided in the facts and circumstances. In other

words, it is a possible view.

5. The appellate Court considered eligibility criteria in section 11.

The section provides for qualification and membership in the Grama

Panchayat. It is quoted below.

"Qualification for membership in the Grama Panchayat -

Notwithstanding anything in Section 10 no member of a Grama Sasan shall be eligible to stand for election-

               (a)     as a Sarpanch if he-
                     (i)     is a candidate for election [* * *] as a

member of the Grama Panchayat in respect of any ward; or

(ii) [* * *]

(iii) is a candidate for election or holds office as a Sarpanch of any other Grama Panchayat;

(b) as a Sarpanch or Naib-Sarpanch, if he has not attained the age of twenty-one years or is unable to read and write Oriya;

// 3 //

[(c) as a member-

(i) for more than one ward in the Grama or for more than one Grama Panchayat; or

(ii) if he is unable to read and write Oriya; and

(iii) if he has not attained the age of twenty- one years.]"

6. Considering the eligibility criteria in the substantive provision

by the section, the appellate Court did not accept petitioner's

contention that breach of rule 6(1) amounted to a breach of

qualification so as to attract clause (e) in sub-section (1) of section 39.

Therefore, adjudication by the appellate Court in turning away

petitioner and re-instating opposite party no.1 as elected, appears to

be a possible view.

7. The writ petition is found to be without merit. It is dismissed.

Registry is directed to communicate this order to opposite party no.1.

(Arindam Sinha) Judge

Jyoti

Signature Not Verified Digitally Signed Signed by: JYOTIPRAVA BHOL Reason: Authentication Location: HIGH COURT OF ORISSA Date: 14-Sep-2023 10:49:55