Section 44J in The Orissa Panchayat Samiti Act, 1959
44J. Decision of [Civil Judge (Senior Division)] [Substituted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 7.9.2001).]
(1)If the [Civil Judge (Senior Division)] [Substituted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 7.9.2001).], 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 (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.(3)In the event of the [Civil Judge (Senior Division)] [Substituted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 7.9.2001).] declaring a casual vacancy to have been created, it shall direct the Collector of the district or other authority prescribed in this behalf to take proceedings for filling the vacancy.(4)All orders of the [Civil Judge (Senior Division)] [Substituted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 7.9.2001).] [shall, subject to the order passed in an appeal, if any, be final and conclusive] [Substituted vide Orissa Act No. 19 of 1972.] :Provided that the [Civil Judge (Senior Division)] [Substituted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 7.9.2001).] may, on application presented within one month from the date of any of the orders made under this section or under Section 44-K by any person aggrieved, review such order on any ground and may, pending decisions in review direct stay of operation of such order.
