TANKADHAR TRIPATHY Vs. DIPALI DAS

JUDGEMENT

(1.) This application was filed by the sole Respondent of the Election Petition under Order VI Rule 16, Order VII Rule 11 read with Order VII Rule 14 of the C.P.C. and Ss. 81, 82, 83, 86 and 87 of the Representation of People Act, 1951 (R.P. Act) with a prayer to strike out the pleadings under Paragraphs-5 to 14 and 14-A to 14-L of the Election Petition and to reject/dismiss the Election Petition in its entirety at the very threshold under Sec. 86 of the Act. Several grounds justifying the reliefs claimed were cited. The Interlocutory Application was heard extensively and by order dtd. 21/3/2025, this Court, finding no merit therein, dismissed the same. However, the Election Petitioner was granted three weeks' time to file an affidavit in Form 25.

(2.) Being aggrieved, the sole Respondent carried the matter to the Supreme Court in Civil Appeal No.11017/2025 (arising out of SLP (C) No.12491/2025). By judgment passed on 22/8/2025, the Supreme Court remanded the matter for fresh consideration by this Court on certain issues specified in the order. For immediate reference, the direction of the Supreme Court as enumerated in Paragraph-24 of the judgment is reproduced below;

(3.) Before proceeding to determine the above issues, it would be apt to refer to certain other observations of the Supreme Court as contained in Paragraph-23 of the Judgment, which is reproduced below;