LOKANATH PATTANAIK Vs. SANJAY KUMAR RATSINGH

JUDGEMENT

(1.) This Writ Petition involves a challenge to the order dated 22nd June of 2019 passed by the 1st A.D.J., Khurda in the Election Appeal No.2 of 2019 in confirmation of the order dated 28.2.2019 passed by the Civil Judge (Jr. Divn.), Khurda in the Election Misc. Case No.5 of 2017.

(2.) Short background involving the case at hand is that the opposite party as the election petitioner filed Election Case under the provisions of Orissa Grama Panchayat Act, 1964 hereinafter in short be called as "The Act, 1964 " assailing the election of the present petitioner on the basis of the allegation made in paragraph no.4 involving election of a candidate disqualified U/s.25 of the Act, 1964 and in paragraph no.5 indicating that the result of the return candidate is an outcome of improper admission of votes in his favour as well as improper rejection of the votes casted in favour of the election petitioner, further also adopting corrupt practice by the return candidate. The present petitioner as the opposite party no.1 therein on his appearance contested the election petition on the premises that the Election Petition was not maintainable and further also refuting each and every allegation of the election petitioner more particularly specifically denying the allegation of corrupt practice adopted by the return candidate.

(3.) On the basis of the pleadings of the respective parties the trial court framed the following issues: