SASWATI PATRA Vs. SARASWATI BISWAL

JUDGEMENT

(1.) The appellant, being the writ petitioner, has filed this intra - Court appeal against the order dated 29.04.2016 passed by the learned Single Judge of this Court in W.P.(C) No. 6657 of 2016 confirming the order dated 08.04.2016 passed by the learned District Judge -cum - Election Tribunal, Puri, rejecting the application filed by the appellant under Order 6 Rule 16 and Order 7 Rule 11 of C.P.C in Election Petition No. 1 of 2012.

(2.) The factual matrix of the case, in hand, is that the appellant has been elected as a Member of Zilla Parishad, Puri representing Satyabadi -3 Constituency No. 33 pursuant to the election held on 13.02.2012 where the respondents were contesting her in the said election. The election of the appellant has been challenged by respondent no.1 by raising election dispute under Section 32 of the Orissa Zilla Parishad Act, 1991 before learned Election Tribunal -cum - District Judge, Puri on the ground that the caste certificate showing that she belongs to OBC category is not a genuine one, thereby acceptance of nomination and declaring the appellant as returned candidate is void.

(3.) It is admitted that evidence from both the sides have already been closed and the matter has been posted for argument and it is also stated at the bar that on completion of such argument the matter has been posted to 17.05.2016 for delivery of judgment by the Election Tribunal - cum - District Judge, Puri in Election Petition No. 1 of 2012. When the matter was posted for argument, the appellant filed three separate applications, one to recall P.W. 3 for further cross -examination, second to call for the case record in Misc. Case No. 162 of 2012 from the Tahasildar, Satyabadi and for time of examination of respondent no.1 and third petition under Order 6 Rule 16 read with Order 7 Rule 11 of the CPC to reject the election petition as no cause of action has arisen. The Election Tribunal -cum - District Judge, Puri on consideration of the application filed under Order 6 Rule 16 read with Order 7 Rule 11 of C.P.C held that the election petition as a whole, if read together, make out all the facts necessary to the satisfaction of the Tribunal regarding the cause of action for challenging the election of the appellant as she does not belong to the caste for which the seat is reserved and accordingly, rejected the application filed under Order 7 Rule 11 of C.P.C on the ground that it lacks merit. Assailing the said order, the appellant preferred writ petition bearing W.P.(C) No. 6656 of 2016 before this Court and the learned Single Judge vide impugned order dated 29.04.2016 dismissed the writ petition holding that the appellant shall come with the expression that such person is disqualified for election. Hence this appeal.