SOMNATH RATH Vs. BIKRAM K ARUKH

JUDGEMENT

(1.) Aggrieved by the dismissal of his election petition, challenging the election of the returned candidate-respondent No.1, vide order of the High Court dated 23rd of December, 1998, the appellant has filed this appeal.

(2.) For the purpose of this appeal however only a few facts are relevant and necessary to be noticed.

(3.) The last date for filing nominations in respect of the Assembly Constituencies in the State of Orissa for the elections held in the year 1995 was 17th of January, 1995. Thirteen persons including the appellant and the respondents filed their nomination papers for 66, Bhanjnagar Assembly Constituency. At the time of scrutiny of the nomination papers on 19th January, 1995, the Returning Officer rejected the nonination papers of respondent Nos. 5, 6 and 7. While the nomination papers of respondent Nos. 5 and 6 were rejected by the Returning Officer on the ground that the same were found to be defective, the nomination papers of respondent No. 7-Panchanan Das was rejected on the ground that "Candidate is a PDS dealer of Bhanjnagar Word No. 13. Hence rejected."