JITU PATNAIK Vs. SANATAN MOHAKUD

JUDGEMENT

(1.) LEAVE granted.

(2.) THE two paragraphs - 7(A) and 7(D) - of the election petition occupied significant time of this Court on 3 days - February 7, 2012, February 9, 2012 and February 14, 2012 - to determine the correctness of the order dated June 21, 2011 passed by the Orissa High Court whereby the High Court directed that the election petition shall proceed in respect of the pleadings contained in these two paragraphs.

(3.) IT so happened that one of the contesting candidates at Sl. No. 9, namely, Akhila Kumar Mohanta, who was an independent candidate, died on April 13, 2009. His death was allegedly informed to the returning officer. However, his name continued to appear in the list of contesting candidates and was included in Electronic Voting Machine (EVM). The polling was held on April 23, 2009 in all 218 booths of the 25-Champua Assembly Constituency through EVM. The total votes recorded in the EVMs of 218 booths were 1,25,342 and postal ballots were 10. The appellant, Jitu Patnaik who contested as an independent candidate secured 27700 votes. The first respondent, Sanatan Mohakud, a candidate of Indian National Congress, secured 27555 votes. The deceased Akhila Kumar Mohanta got 550 votes. Since the appellant secured the highest number of votes, he was declared elected from 25-Champua Assembly Constituency.