section 38
Decision of Civil Judge (Junior Division)
The Odisha Grama Panchayats Act, 1964(1) If the Civil Judge (Junior Division) 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) 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) shall, subject to the provisions of Sub-Section (4), be final and conclusive: Provided that Civil Judge (Junior Division) 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 paragraph shall be entertained unless a deposit of such amount as may be prescribed has been made. (3) [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) 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) and pending disposal of such appeal may direct stay of operation of the said order.
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