LAWS(ORI)-2019-4-53

SARASWATI NAYAK Vs. STATE OF ODISHA

Decided On April 19, 2019
Saraswati Nayak Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) This is a writ petition under Article 227 of Constitution of India involving the impugned judgments arising out of Election Appeal No.1 of 2018 disposed of by the Additional District Judge, Champua, vide Annexure1 thereby confirming the judgment involving Election Misc. Case No.2 of 2017 disposed of by the Civil Judge (Jr.Divn.), Champua, vide Annexure-2.

(2.) Background involving the case is that O.P.5 herein filed election dispute involving the petitioner, the elected candidate, O.P.4 therein and another contesting candidate, Sulochana Nayak, O.P.5 therein thereby assailing the election of the present petitioner on the premises of the present petitioner being a disqualified candidate to contest the election for her not attaining the age of 21 years and that there has been illegal acceptance of the nomination paper of O.P.4 therein.

(3.) Based on the pleading of the parties and filing of document, the Tribunal framed the issues as follows :-