MADHUSMITA PATRA Vs. TARANISEN PATI & ORS

JUDGEMENT

(1.) This writ petition involves a challenge to the order dated 12.3.2019 passed by the Civil Judge (Junior Division)-cum- Election Tribunal, Jajpur at Annexure-6 whereby the Election Tribunal has allowed an application to call the Block Development Officer-cum-Election Officer, Dasarathpur Block-opposite party no.4 for evidence purpose by the election petitioner. Sri Mohanty, learned counsel for the petitioner taking this Court to the previous round of litigation, order of this Court and further to the application filed at Annexure-3 submitted that for no better application being filed by the petitioner, there is no proper consideration involving the impugned order. The impugned order also bears no reason for allowing such application. In the above background, Sri Mohanty, learned counsel appearing for the petitioner prayed this Court for interfering in the impugned order.

(2.) Learned Counsel appearing for the contesting opp. parties on the other hand taking this Court to the pleading in the election petition, the plea involving the application under consideration and the observation made in the impugned order submitted that there is no infirmity in the impugned order requiring interference of this Court in the same.

(3.) Considering the rival contention of the parties, this Court finds the question requires to be considered as to Whether in the circumstances and for the pleadings, further the development taken place in between, examination of the election officer-opp. party no.4 is relevant or not?