Section 44J(2) in The Orissa Panchayat Samiti Act, 1959
(2)If the [Civil Judge (Senior Division)] [Substituted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 7.9.2001).] finds that the election of any, person was invalid, it shall either-(a)declare a casual vacancy to have been created ; or(b)declare another candidate to have been duly elected; whichever course appears in the circumstances of the case, to be more appropriate and in either case, may award costs at his discretion.