Orissa Panchayat Samiti Act, 1959 – ss.45(1)(v), 44-E, 44-J – Disqualification on becoming a member and continuing as a member – Election to the post of Chairman Delang Panchayat Samiti – Appellant and the respondent, both members of Panchayat Samitis contested the election and respondent declared elected – Appellant challenged the election of the respondent as the Panchayat Samiti Member and Chairman u/s.45(1)(v) on the ground that she was disqualified from contesting the said election, as she had given birth to a third child after the cut-off date – Tribunal allowed the election petition declaring the election of the respondent-returned candidate to both the post as void, and declared the appellant to be the Chairman being the candidate who secured next highest number of votes – Respondent filed an appeal – Appellate tribunal upheld the declaration that the election of the respondent was invalid, however, the declaration made in favour of the appellant directing her appointment as the Chairman set aside, and directed fresh election for the said post – High Court upheld the judgment of the appellate tribunal – Challenge to:
Held: Decision of the tribunal, as affirmed by the appellate tribunal and the High Court, disqualifying the respondent-returned candidate, does not require any interference whatsoever, because from the material available on record, it is clear that the respondent failed to cross-examine the appellant-election petitioner and her witnesses, despite ample opportunities having been granted to her – Appellant having led clinching evidence remained uncontroverted of facts necessary to prove the disqualification – With the disqualification of the respondent having been affirmed, no other contestant except the appellant remained in fray for the post of Chairman of the Delang Panchayat Samiti, as only the respondent and the appellant had contested the said election – Elections were held way back in the year 2022, process of adjudication of the election petition, the appeal and the writ petition consumed more than 3 years – If at this stage, the appellant is deprived of the fruits of her successful challenge to the election of the respondent, by asking her to contest a fresh election, that would amount to a travesty of justice – Thus, the declaration made by the tribunal, to the effect that the appellant was duly elected as the Chairman and directing her appointment to the said post is just, legal and equitable – Appellate tribunal erred in reversing the said declaration on the premise that other members of the Delang Panchayat Samiti should be given an opportunity to contest for the post of Chairman – High Court too, erred in affirming the same to that extent – For election to the post of Chairman of the Delang Panchayat Samiti, only the appellant and the respondent had contested and hence setting aside of the declaration issued by the tribunal in favour of the appellant, wholly unwarranted and uncalled for – Impugned judgment passed by the appellate tribunal, and by the High Court, to the extent that the appellant has been deprived of the consequential declaratory relief of being elected as the Chairman, set aside – Direction given by the tribunal declaring the appellant elected to the post of Chairman of the Delang Panchayat Samiti restored. [Paras 19, 20, 23-28]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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