SRIDHAR BEHERA Vs. SEBATI BEHERA

JUDGEMENT

(1.) In this Intra Court Appeal, the appellant assails the order dated 28.01.2019 passed by the learned Single Judge in W.P.(C) No.6886 of 2018, thereby refusing to interfere with the order dated 18.04.2018 passed by the learned Civil Judge (Junior Division), Anandapur in Election Misc. Case No.1 of 2017.

(2.) As per the order dated 18.04.2018, the learned Civil Judge (Junior Division), Anandapur directed for re-counting of the ballot papers. The said order was challenged in W.P.(C) No.6886 of 2018. Learned Single Judge has held that even though there is no prayer in the election petition for recounting of the ballot papers and even though there is no elaborate discussion on the allegation of the election petitioner involving recounting, he held that there is clear foundation for re-counting of votes and refused to interfere with the matter. It is also seen that the learned Single Judge considering the rival contentions of the parties, on perusal of the pleadings involving the election dispute and from the pleadings at paragraph nos.7, 9, 10, 11, 12 and 13, come to the conclusion and found that there is sufficient pleading involving the claim for illegal counting as well as duplicacy in casting of votes. But learned Single Judge has not given any reason for coming to such conclusion, nor there has been any discussion about the pleadings which were considered by him to be sufficient.

(3.) Learned counsel for the appellant, at the outset, draws attention of this Court to an un-reported judgment of this Court i.e. the judgment passed in the case of Gourahari Pradhan vrs.- Achyutananda Jena (W.P.(C) No.16030 of 2018 on 21.12.2018, wherein this Court has held as follows: