RANEDRA PRATAP SWAIN Vs. RAMESH ROUT

JUDGEMENT

(1.) The petitioner, in Election Petition No. 4 of 2009 challenges the declaration of result dated 16.05.2009 declaring the sole Respondent, Ramesh Rout, to have been elected as Member of the Orissa Legislative Assembly from 89-Athagarh Assembly Constituency on the ground that rejection of his nomination by the Returning Officer is illegal and improper. He has prayed to:

(2.) The schedule of election relating to 89-Athagarh Assembly Constituency is as follows:

(3.) The respondent in his written statement denied the averments of the petitioners that election petitioner, Sri Ranendra Pratap Swain filed Form-A and Form-B in original in his first set of Nomination. According to him, at the stage of filing of the Nomination along with other documents, Returning Officer is required only to make a preliminary examination of the same; detailed scrutiny is not required at that stage. All that is required at that stage to disclosure by the candidate as to what documents he has filed. A Check List is issued to the candidate by the Returning Officer as a proof of the fact that the documents disclosed by the candidate have been filed along with the Nomination. It can not prove the genuineness or the correctness of the documents referred to in it. Non-filing of original Form-A and Form-B signed in ink being a defect of substantial nature, the Returning Officer has rightly rejected the Nomination of Sri Ranendra Pratap Swain. Since it is the case of the election petitioner that he had filed the original Form-A and Form-B, the question of granting him opportunity, to rebut the objection raised by the Returning Officer, did not arise. The Respondent has also taken the plea that the election petitions are bad for non-joinder of necessary party. According to him, eight candidates contested the election for 89-Athagarh Assembly Constituency, out of whom, petitioners only chose the respondent to array him as a party. As such election petitions are bad for non-joinder of necessary party. Furthermore, he has taken the plea that the election petitioners are not maintainable.