PRASANNA KUMAR PATASANI Vs. JANAKI BALLAV PATTNAIK

JUDGEMENT

(1.) This order disposes of two petitions - one filed by the petitioner for amendment of his pleadings, which is registered as Misc. Case No. 4 of 1996 and the second by the respondent to strike off certain paragraphs of the petitioner's pleadings as irrelevant, which is registered as Misc. Case No. 15 of 1996. Earlier to the filing of Misc. Case No. 15 of 1996, the respondent had filed a similar petition which was registered as Misc. Case No. 94 of 1995, but since the said petition was not signed and verified by the respondent himself, he filed another petition. For the sake of convenience I shall first take up petitioner's case regarding amendment of his pleadings.

(2.) The petitioner has challenged the respondent's election to the Orissa Legislative Assembly on the ground of corrupt practice under Section 100 (1)(b) of the Representation of the People Act, 1951 (for short, 'the Act'). By filing the present petition for amendment he seeks to amplify the particulars of corrupt practice, material facts of which have been set out in paragraphs 18, 19 and 21 (A) to 21(S) of the election petition. Since such prayer has been seriously challenged by the respondent, for better appreciation of the contentions raised, it is necessary to refer the same in seriatim.

(3.) It is stated that name of one Bhikari Pattanaik appearing in paragraph 19 of the petition is an inadvertent mistake and so his name be deleted by substituting the name of one 'Gajendra Naik'.