JUGAL KISHORE PATNAIK Vs. RATNAKAR MOHANTY

JUDGEMENT

(1.) (on behalf of himself and N. L. Untwalia J.) On an election petition filed by Ratnakar Mohanty respondent, the election of Judgal Kishore Patnaik appellant to the Orissa Legislative Assembly from Bhadrak constituency was declared to be void by the Orissa High Court and as such set aside. The appellant has filed the present appeal against the judgment of the High Court.

(2.) Bhadrak assembly constituency is a single-member general constituency. During the general elections to the Orissa Legislative Assembly held in February 1974, the respondent filed four nomination papers for being elected from this constituency. At the time of scrutiny on January 30, 1974, objection was raised at the instance of Balaram Sahu, one of the contesting candidates, before the Returning Officer that the respondent was disqualified for being chosen as a member of the Assembly as there subsisted contracts between him and the Government of Orissa for execution of certain works. The respondent, it was accordingly asserted, was disqualified under Section 9 A of the Representation of the People Act, 1951 (hereinafter referred to as the Act) from seeking election. Some documents were also produced before the Returning Officer to show that proceedings had been initiated by the Block Development officer for realisation of certain amounts alleged to be due under those contracts from the respondent. The Returning Officer up-held the objection and rejected the nomination papers of the respondent.

(3.) Four candidates contested the election, but the main contest was between the appellant, a Congress nominee, who secured 25,552 votes, and Balaram Sahu an Utkal Congress nominee, who secured 18,723 votes. The result of the election was declared on February 28, 1974. Petition to challenge the election of the appellant was filed by the respondent on April 12, 1974.