RABINARAYAN HATI Vs. NITYANANDA PATRA

JUDGEMENT

(1.) The instant writ application has been filed against the judgments and orders dated 13.5.2005 and 7.2.2006 passed by the learned Civil Judge (Senior Division), Kendrapara in Election Misc. Case No. 1 of 2002 and the District Judge, Cuttack in Election Appeal No. 4 of 2005 respectively

(2.) WE have heard Mr. S.K. Das, learned counsel for the petitioner and Mr. P. K. Routray, learned counsel for the opposite party No. 1 No one has put in appearance on behalf of opposite party No. 2.

(3.) ON 11.3.2002 the opposite party No. 1 had filed the election petition under Sections 44 -I and 44 -M of the Act, 1959 to declare himself to be elected member of the Panchayat Samiti and for a declaration to the effect that the subsequent declaration made by the Election Officer declaring the election of the instant petitioner, as null and void together with other consequential relief. The instant petitioner had also filed recrimination petition which was dismissed.