BIRAM MAJHI Vs. PRAMILA GIRI ALIAS NAYAK

JUDGEMENT

(1.) The respondent in the Election Petition, who is the returned candidate, previously filed Misc. Case No. 11 of 2005, inter alia, praying to hear the question of maintainability of the Election Petition as a preliminary issue.

(2.) By order dated 3-3-2006, this Court after taking into consideration various case laws cited by the respective parties and on analysing the facts involved in the case and holding that Order 14 of the Code of Civil Procedure is applicable to an Election Petition filed under the Representation of the People Act, 1951 (hereinafter referred to as 'the Act'), came to the conclusion that by applying Order 14, CPC, it would be expedient in the interest of justice that all issues framed should be taken up for hearing together and not in a piecemeal manner.

(3.) Now, again the respondent has filed Misc. Case No. 4 of 2006 praying for recalling or modifying the order dated 3-3-2006 passed in Misc. Case No. 11 of 2005. On hearing the submissions made by the learned counsel for the respective parties, I do not find any reason for either recalling or modifying the said order dated 3-3-2006 passed in Misc. Case No. 11 of 2005. The Misc. Case No. 4 of 2006 is, therefore, rejected.