GOKULANANDA PRAHARAJ Vs. JOGESH CHANDRA ROUT

JUDGEMENT

(1.) THIS is an appeal from an order of the Election Tribunal, Puri (Shri T. V. Rao, member, Election Tribunal) dismissing the election petition, on contest, against the respondent No. 1 (hereinafter referred to as the Congress candidate) and ex parte against the respondent No. 2 (hereinater referred to as the Independent candidate ).

(2.) THE relevant facts, shortly stated, are these: In the last General Elections, the appellant (hereinafter referred to as the Socialist candidate) as well as the respondents 1 and 2 filed their nomination papers from the Banki Constituency (District Cuttack) for being candidate for the Orissa Legislative Assembly. At the scrutiny, an objection was taken on behalf of the Congress candidate to the effect that the Independent candidate was a per on not qualified to stand for the election on the ground that he had an interest in a contract for the supply of goods and performance of services to the Government of Orissa. The said objection was, however, overruled and the nomination paper of the Independent candidate was accepted as valid by the Returning Officer on scrutiny.

(3.) SO the contest at the election commenced as. triangular light among the socialist, Congress and the Independent candidates, which, however, ended in a duel as a straight fight between the Socialist and the Congress candidates, as the independent candidate ultimately withdrew from the contest, leaving his remaining two rivals in the field. In the contest, the Socialist candidate was defeated and the Congress candidate was declared elected.