LAWS(ORI)-2015-3-27

ANUBHAV PATNAIK Vs. SOUMYA RANJAN PATNAIK

Decided On March 26, 2015
Anubhav Patnaik Appellant
V/S
Soumya Ranjan Patnaik Respondents

JUDGEMENT

(1.) This order arises out of Misc. Case No.42 of 2014 (in ELEPT No.14 of 2014) filed by the respondent in the election petition under Order 6, Rule 16 and Order 7, Rule-11 of the Code of Civil Procedure read with Section 86, Representation of the People Act, 1951 (in short, 'The Act') with a prayer to strikeout the pleadings in the election petition and to dismiss the election petition on the ground that the pleadings in the election petition are vague, scandalous and lack in material particulars and that they do not disclose any cause of action.

(2.) For brevity and convenience, the petitioner in the misc. case is described as the respondent and the opposite party-Election petitioner is described as the petitioner.

(3.) The petitioner has filed ELEPT No.14 of 2014 challenging the election of the respondent to the Orissa Legislative Assembly from 120- Khandapada Assembly Constituency. The election to the Khandapada Assembly Constituency was held on 17.04.2014 and the result thereof was declared on 16.05.2014 declaring the respondent elected. The election of the respondent has been challenged by the petitioner in the election petition on the ground of adoption of corrupt practices at the election by the respondent-returned candidate and for non-compliance of different provisions of the Representation of the People Act,1951 and the Rules framed thereunder.