ANANGA UDAY SINGH DEO Vs. RANGA NATH MISHRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 4/08/2000 passed by the High Court ofOrissa at Cuttack dismissing to election petition filed by he appellant challenging the election of respondent Nos. 1 and 3 as Membersof Council of States (hereinafter referred to as"Rajya Sabha") in the election held on 18/06/1998

(2.) . Brief facts leading to the points raisedin this appeal are as follows:-The President of India issued a notification, which was published in the Gazette ofIndia on 30/05/1998, calling upon theMembers of the Electoral College of some ofthe States to elect Members to the Rajya Sabhain accordance with the provisions of The Representation of the People Act, 1951 (for short"the Act"). Pursuant to the aforesaid PresidentialNotification, the Election Commission ofIndia by a Notification of the same date calledupon the elected Members of the Orissa Legislative Assembly to elect three Members to theRajya Sabha. In consultation with the Government of Orissa, the Election Commission alsoissued another notification appointing the Secretary of the Orissa Legislative Assembly as theReturning Officer and the Joint Secretary ofthe Orissa Legislative Assembly as the Assistant Returning Officer for the said election. TheReturning Officer issued notice of election asper the following programme: <FRM>JUDGEMENT_479_SUPREME7_2001Html1.htm</FRM>

(3.) . The polling took place on 18/06/1998 in which the candidates polled the following value of votes (value of each vote beingassessed at 100). <FRM>JUDGEMENT_479_SUPREME7_2001Html2.htm</FRM>