Dismissed

Duryodhan Khatoi v. Prafulla Senapati

Orissa HC16 Mar 2016WP(C)/2086/2015

Case brief

AI extract

What is this about?

This writ petition was filed by an elected Sarpanch challenging an order rejecting his application to decide an election petition's maintainability as a preliminary issue under CPC. The High Court affirmed the Civil Judge's finding that evidence was required.

What did the court decide?

The writ petition is dismissed. The interim order dated 23.02.2015 is vacated, and the Civil Judge is directed to conclude proceedings within three months.

Duryodhan Khatoi Vs Prafulla Senapati — Orissa HC (2016) — LawSathi Research

¶1

WP(C)No.2086of2015
16.03.2016

¶2

 Heard learned counsel for the petitioner and learned counsel appearing for the
 Opposite Party No.1.

¶3

 The present petitioner happens to be elected Sarpanch of Tarakora Gram Panchay
at. His election was challenged on the ground that he is two spouse living and thereafter he i
s not eligible to contest the election. In that election petition, he filed a written statemen
t, wherein he contended in an earlier case bearing Misc. Case No.6 of 2007, as per judgment da
ted 23.04.2008, it has already decided by the Court that he has no second spouse living. The l
earned District Judge has confirmed the same in appeal and the order of the learned District J
udge also confirmed in W.P.(C) No.4150 of 2009. Thereafter, Sarpanch, i.e., returned candidate
 filed an application under Order 14, Rule 2 of the C.P.C. to decide issue as preliminary issu
e regarding its maintainability. The learned Civil Judge (Junior Division), Nimapara by order
dated 21.01.2015 rejected his application assailing such order, the petitioner preferred this
writ petition.

¶4

 It is apparent from the order impugned that the learned Civil Judge (Junior D
ivision), Nimapara has a clear view of the provision of law and held that this is not a case w
here pure question of law, is to be decided as preliminary issue, where evidence required to b
e led. This Court finds that the order of learned Civil Judge (Junior Division), Nimapara is c
orrected and requires no interference.

¶5

 In that view of the matter, the writ petition is dismissed.
 Interim order dated 23.02.2015 stands vacated. The learned Civil Judge (Junior
 Division), Nimapara is directed to conclude the proceeding as expeditiously as possible and d
ispose of the same within three months from the date of receipt of notice of this order.
 Urgent certified copy of this order be granted on proper application.

¶6

Duryodhan Khatoi v. Prafulla Senapati

Case brief

What is this about?

What did the court decide?

Duryodhan Khatoi v. Prafulla Senapati

Case brief

What is this about?

What did the court decide?

What the court decided

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