ARATI JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ petition, the petitioner assails the order dated 22.11.2012 passed by the learned Civil Judge {Junior Division), Khurda in Election Misc. Case No. 16 of 2012 allowing the petition dated 16.11.2012 directing for issuance summons to the Headmaster, K.C. Bidyapitha Nijigarh, Tapanga to appear on 17.12.2012 along with the School Admission Registers pertaining to the years 2005-06 and 2006-07 as well as Tabulation Registers of H.S.C. Examination, 2008 and H.S.C. Examination (Supplementary), 2009 for deposing evidence as witness in the aforesaid Election Misc. Case as welt as summoning the in-charge ICDS Project, Khurda to direct the Anganwadi Worker of village Nijigarh, Tapanga to appear on the date fixed i.e. 17.12.12 along with the Immunization Register of village Nijigarh, Tapanga, pertaining to the year 1999 and to depose as a witness. It is submitted that the Court below without framing issues proceeded with the election petition to decide the fate of the same. However, the petitioner has not produced the order-sheets of the Court below regarding the issues framed or not rather, from the impugned order it appears that an application was filed to take up the matter in advance in respect of the counter claim which was challenged by the petitioner taking into consideration the allegation made by the election-petitioner and objection filed by him.

(2.) Therefore, this Court is not inclined to interfere with the impugned order. However, if the Court below has not yet framed issues, which are to be decided in the election petition, it is open to the petitioner to file an application drawing attention of the Court and in such event the Court below shall consider the same in accordance with law.

(3.) With the above observation, the writ petition along with Misc. Case is disposed of. Issue urgent certified copy of this order on proper application.