SADANANDA THANAPATI Vs. DIPTIKANTA KARNA AND ANOTHER

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India has been filed wherein the order dated 18.7.2017 passed by the learned Civil Judge (Junior Division), Binika in E.M.J.C. No. 02/03 of 2017 whereby and whereunder the application filed by the petitioner under Order 7, Rule 11 read with Section 151 of the Code of Civil Procedure, 1908, has been rejected.

(2.) The ground of challenge of the said order is that the election petition, does not contain any concise statement of material facts as required under the provision of Section 33 of the Orissa Grama Panchayat Act, 1964 (in short "the OGP Act, 1964") and in absence thereof, the election petition should not have been entertained by the court below.

(3.) Per contra, Sri H.S. Mishra, learned counsel appearing for the opposite party No.l has vehemently opposed the submission of the learned counsel for the petitioner by saying that the election petition contains all details of unfairness committed in the election, as would be evident from the election petition wherein specific ' statement has been made regarding irregularities of not counting the ballot papers properly. He further submits that it is not a case of corrupt practice rather, the petitioner has filed the suit for issuance of direction to count all the ballots, since according to him, as per the admitted position, all the ballot papers for the related wards has not been counted.