Section 38 in The Orissa Grama Panchayats Act, 1964
38. Decision of [Civil Judge (Junior Division)] [Substituted vide O.G.E. No. 993 Notification No. 7703-Legislative dated 28.5.2001.].
(1)If the [Civil Judge (Junior Division)] [Substituted vide O.G.E. No. 993 Notification No. 7703-Legislative dated 28.5.2001.] after making such enquiry, as he deems necessary, finds in respect of any person, whose election is called in question by a petition that his election was valid, he shall dismiss the petition as against such person and may award costs at his discretion.(2)If the [Civil Judge (Junior Division)] [Substituted vide O.G.E. No. 993 Notification No. 7703-Legislative dated 28.5.2001.] finds that the election of any person was invalid, he 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.(3)All orders of the [Civil Judge (Junior Division)] [Substituted vide O.G.E. No. 993 Notification No. 7703-Legislative dated 28.5.2001.] shall, subject to the provisions of Sub-section (4), be final and conclusive :Provided that [Civil Judge (Junior Division)] [Substituted vide O.G.E. No. 993 Notification No. 7703-Legislative dated 28.5.2001.] may, on application presented within one month from the date of any of the orders made under this section by any person aggrieved, review such order on any ground and may, pending the decision in review direct stay of operation of such order :Provided further that no application for review under the preceding proviso shall lie, if an appeal is preferred in accordance with the provisions of Sub-section (4).(4)Any person aggrieved by an order of the [Civil Judge (Junior Division)] [Substituted vide O.G.E. No. 993 Notification No. 7703-Legislative dated 28.5.2001.] may within thirty days from the date of the order, prefer an appeal in such manner as may be prescribed before the District Judge having jurisdiction who shall after giving the parties an opportunity of being heard, confirm, reverse, alter or modify the order of the [Civil Judge (Junior Division)] [Substituted vide O.G.E. No. 993 Notification No. 7703-Legislative dated 28.5.2001.] and pending disposal of such appeal may direct stay of operation of the said order.
