Court : Orissa
Reported in : AIR1997Ori60
ORDERR.K. Patra, J.1. In this petition, election of respondent No. 1 from 105 -- Boudh Assembly Constituency to the Orissa Legislative Assembly is under challenge.2. General election to the Orissa Legislative Assembly took place in the month of March, 1995. Polling for the constituency in question took place on 9-3-1995. The petitioner contested the ejection as Congress candidate with the symbol 'Hand'. Respondent No. 1 was a candidate of the Janata Dal with the symbol 'Chakra'. Respondents 2 to 9 filed their nominations as candidates from different political parties and/or as independent candidates. Counting of votes took place on 11-3-1995. The petitioner secured 41,932 valid votes in his favour whereas respondent No. 1 got 44,423 valid votes in his favour. As respondent No. 1 secured the highest number of votes, he was declared elected. Being feltaggrieved by such declaration, the petitioner has filed the present petition praying to:--(i) order inspection, scrutiny and recount of al...
Tag this Judgment!Court : Orissa
Reported in : 84(1997)CLT114
ORDERR.K. Patra, J.1. This application arises out of Election Petition No. 6 of 1995 which is pending disposal. Respondent No. 1 in the said election petition is the returned candidate who has filed this application praying to try issue Nos. 1, 2 and 3 as preliminary issues and dismiss the election petition on adjudication of those three issues.2. General Election to Orissa State Legislative Assembly was held in March, 1995. The election petitioner and respondents 1 to 9 (parties hereinafter will be referred to as per their description in the election petition) contested the said election from 27, Barchana Assembly Constituency. The election petitioner polled 60,470 valid votes in his favour whereas respondent No. 1 polled 61,076 valid votes in his favour. The latter having polled the highest number of valid votes (61,076) in his favour, he was declared elected.Being felt aggrieved at the success of respondent No. 1 in the election, the election petition has been filed praying:(i) for ...
Tag this Judgment!Court : Orissa
Reported in : 1999(II)OLR78
R.K. Patra, J.1. By this election petition, the petitioner calls in question the election of the returned candidate-respondent No. 1 from 130-Jharsuguda Assembly Constituency.2. The case of the petitioner is that the Election Commission of India in December, 1994 announced the programme for holding general election (11th) to constitute a new Legislative Assembly for the State of Orissa. Accordingly he (petitioner) and respondents 1 to 6 filed their respective nominations for contesting the election from the 130-Jharsuguda Assembly Constituency. Their nominations were found valid and accordingly all their names were included in the list of validly nominated candidates. The petitioner was the nominee of Janata Dal. His party symbol was 'Wheel' (Chakra). Respondent No. 1 was the nominee of Indian National Congress (Congress I) having party symbol 'Hand'. Respondent No. 2 was the nominee of Bharatiya Janata Party whose symbol was 'Lotus'. Respondent No. 3 was an independent candidate whose...
Tag this Judgment!Court : Orissa
Reported in : AIR2001Ori24
ORDERCh. P.K. Misra, J.1. In this Election Petition, petitioner Ananga Udaya Singh Deo has challenged the election of Respondent No. 1 Ranga Nath Mishra, and respondent No. 3 Manmath Nath Das, as Members of Council of States (hereinafter referred to as 'Rajya Sabha') in the election held on 18th June, 1998.2. Brief facts of the case are as follows :--The President of India issued a notification, which was published in the Gazette of India on 30-5-1998, calling upon the Members of the Electoral College of some of the States to elect Members to the Rajya Sabha in accordance with the provisions of the Representation of the People Act, 1951 (for short 'the Act'). Pursuant to the aforesaid Presidential Notification, the Election Commission by its notification dated 30-5-1998 called upon the elected Members of the Orissa Legislative Assembly to elect three Members to the Rajya Sabha. In consultation with the Government of Orissa, the Election Commission also issued another notification appoi...
Tag this Judgment!Court : Orissa
1.The petitioner, in Election Petition No.4 of 2009 challenges the declaration of result dated 16.05.2009 declaring the sole Respondent, Ramesh Rout, to have been elected as Member of the Orissa Legislative Assembly from 89-Athagarh Assembly Constituency on the ground that rejection of his nomination by the Returning Officer is illegal and improper. He has prayed to: i) declare the election of the respondent to be void;ii) declare that a casual vacancy has been created so far as it relates to 89-Athagarh Assembly Constituency andiii) Direct the appropriate authority to conduct election with respect of 89-Athagarh Assembly Constituency within the time specified/prescribed under law and other ancillary reliefs.In Election Petition No.6 of 2009, Rabindra Nath Rout has also challenged the said election on the same ground substantially with the same prayer. So, both the election petitions were heard analogously and as such a common judgment is passed there under.2. The schedule of election ...
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