BASUDEV KHADANGA Vs. UNION OF INDIA

JUDGEMENT

(1.) JAGANATH Prasad is one of the 140 Constituencies of the Orissa Legislative assembly. The petitioner a resident of a village in Buguda P. S. covered by the said constituency filed his nomination for election to the Orissa State Legislative assembly in the mid-term poll held in 1971. His nomination paper was however, not accepted on the ground that it was a reserved Constituency for Scheduled castes. The election was duly held end opposite party No. 7 was returned from the constituency. By this application, the petitioner challenges the reservation of the constituency for Scheduled Castes and consequently impugns the election of opposite party No. 7.

(2.) OF the several opposite parties, the Returning Officer -- opposite party No. 5, and the returned candidate --opposite party No. 7 -- have filed counter affidavit. The Union of India -- opposite party No. 1 --has entered appearance through counsel and has advanced arguments against the contentions raised in the writ petition though no counter affidavit has been filed.

(3.) THERE is no dispute that the Jaganath Prasad Constituency of the Orissa legislative Assembly is a reserved one for Scheduled Castes. The petitioner deposited the amount prescribed under Section 34 (1) (b) of the Representation of the People Act. 1951 but according to the Returning Officer, no nomination paper had at all been filed by him.