SULOCHANA PRADHAN v. JASODA NAIK AND THE ELECTION OFFICER-CUM-BLOCK DEVELOPMENT OFFICER
2007-09-05
A.S.NAIDU
body2007
DigiLaw.ai
JUDGMENT : A.S. Naidu, J. - Heard. 2. The Order Dated 23.7.2007 passed by the Learned Civil Judge (Junior Division), Dhenkanal, in Election Petition No. 36 of 2007 is assailed by the Petitioner who was Opposite Party in the election petition. During pendency of the aforesaid election petition a petition was filed by the present Petitioner to frame the following issue: Non deposit of the security amount by the Petitioner whether vitiated the case or not? 3. The Court below relying upon Section 35(4) of the Orissa Grama Panchayat Act observed that the Court has power to direct further deposit of security amount and in the case at hand as the deposit was made on 19.6.2007 no such issue need be framed 4. Learned Counsel for the Petitioner forcefully submitted that the Court below acted illegally and with material irregularity dealing with the merit of the matter at the time of framing issues, hence the order should be set aside. 5. Law is well settled that election cases are to be disposed of as expeditiously as possible. The present case is pending for quite some time, therefore to shorten the span of disposes of this Writ Petition with the following observation. Law is well settled that while framing an issue the Court should not examine the merit of the same and/or answer the same. On the basis of the pleadings If issues need to be decided for effectual adjudication the same should be framed. Law is also well settled that if a dispute arises for adjudication and if the parties are conscious of the same and adduce evidence in support such dispute the same can be decided without framing any issue. 6. In view of the aforesaid clear position of law and in the light of the ratio of the judgment of this Court in the case of Raja Pal v. Election Officer-cum-Block Development Officer and Ors. reported in 1996 (2003) CLT 663, I dispose of this Writ Petition directing the Learned Civil Judge (Junior Division), Dhenkanal to consider the fact as to whether the security amount as required u/s 31(1) of the Grama Panchayat Act was deposited wit in the time specified in the said Section and also the consequences if the amount is not deposited within the time prescribed. 7. With the aforesaid observation the Writ Petition is disposed of.