SARASWATI PATTNAIK Vs. SATRUGHNA NANDA

JUDGEMENT

(1.) THIS appeal has been preferred by the widow of deceased respondent No.1 in the Court below, who was the returned candidate, as appellant No.1; Chairman of Hindol Panchayat Samiti and Elector of Hindol Zone -II Dhenkanal Zilla Parishad Constituency as appellant No.2 and five other Electors of Hindol Zone -II of Dhenkanal Zilla Parishad constituency as appellant Nos.3 to 7; who were not parties before the Additional District Judge -I, Dhenkanal in Election Misc. Case No.84 of 2002.

(2.) THE Election Misc. Case was filed by present Respondent No.1 (Satrughna Nanda) challenging election of the returned candidate/Bhubanananda Pattanaik since dead, from Hindol Zone -II of 25 Dhenkanal Zilla Parishad Constituency and three others, out of whom two were contesting candidates in the election and the last one was Block Development Officer, Hindol -cum -Election Officer. Even though the present appellants were not parties to the Election Misc. Case and as such no way concerned with the case, have filed this appeal challenging the impugned judgment dated 07.02.2005 passed by Shri K.V.C. Rao, learned Additional District Judge (I), Dhenkanal in Election Misc. Case No.84 of 2002, as the persons having interest/aggrieved by the above said order.

(3.) THE appellant also filed an application for leave to appeal on 16.01.2006 i.e., Misc. Case No.1 of 2006 - on the 4th day of commencement of hearing of the appeal and the said application for leave to appeal was rejected by this Court vide order dated 20.01.2006 with a reasoned order and as it appears the earlier order dated 26.10.2005, where this Court had directed Mr. Samal, learned counsel for the appellants to apprise this Court whether cause of action survives to the widow and the writ petition filed by her is maintainable and the subsequent order dated 20.01.2006 passed in Misc. Case No.01 of 2006 whereby the application for grant of leave to present the appeal was rejected, have not been challenged by the appellants before the appropriate/available forum.