RABINARAYAN HATI Vs. NITYANANDA PATRA

JUDGEMENT

(1.) HEARD Mr. S. K. Dash, learned counsel for the petitioner and Mr. P. K. Routray, learned counsel for opposite party No.1

(2.) THIS writ petition has been filed by petitioner challenging to the judgment delivered on 05.07.2005 by learned District Judge, Cuttack in Election Appeal No.4 of 2005.

(3.) IN course of submission, learned counsel for the petitioner argues that the crux of the matter before the Courts below was as to whether a recounting was permissible under Rule 31(7) of the Rules and in that respect both the Courts below have relied on a pre -amended provision which was not existing by the date of election or consideration of the election petition. Learned counsel for the election petitioner virtually has no reply to that contention though he argued en merit of the case otherwise.