SMTI DUTER PADU Vs. SRI GADAM ETE

JUDGEMENT

(1.) This miscellaneous application has arisen out of an election petition, which has given rise to Election Petition No. 3 of 2009. The respective cases of the parties to the election petition are, in substance, thus :

(2.) The election petitioner has challenged the election of the respondent on the grounds that (a) the election of the respondent is illegal, null and void on the ground of improper reception of void Postal Ballots, which has materially affected the result of the election under Sec. 100 (1)(d)(iii) of the Representation of Peoples Act, 1951 (in short, 'RP Act') and for a declaration that the election petitioner had, in fact, received the majority of the valid votes and (b) for a declaration that the election of the respondent is illegal, null and void, on the ground of commission of corrupt practices under Sec. 123 (7) of the RP Act.

(3.) Basic complaint of the election petitioner, as discernible from the election petition, may, in brief, be set out as under :