DEBASHISH SAMANTARAY Vs. MOHAMMED MOQUIM

JUDGEMENT

(1.) This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

(2.) This application has been filed by the respondent Mohammed Moquim for dismissal of the Election Petition No.06 of 2019 under sec. 86(1) of the Representation of the People Act, 1951 (hereafter '1951 Act') on account of non-compliance of provision under sec. 117 of the 1951 Act.

(3.) On 9/9/2022 Mr. Bidyadhar Mishra, learned Senior Advocate appearing for the respondent referring to Annexure-A, which is the challan of deposit of Rs.2,000.00 (rupees two thousand) with the cashier submitted that Rule 1 of Chapter XXII of the Rules of High Court of Orissa, 1948 has not been followed while issuing such challan, which is to be filed along with the election petition and the entry of that deposit has also mentioned in a different ink while Stamp Reporting the Election Petition on 18/7/2019 which creates suspicion as to whether the aforesaid amount of Rs.2,000.00 (rupees two thousand) was deposited on 3/7/2019 or subsequently and whether challan of deposit was filed with the Election Petition or not.