JUDGMENT

R.M. Lodha, J.-Leave granted.

2. The two paragraphs - 7(A) and 7(D) - of the election petition occupied significant time of this Court on 3 days - February 7, 2012, February 9, 2012 and February 14, 2012 - to determine the correctness of the order dated June 21, 2011 passed by the Orissa High Court whereby the High Court directed that the election petition shall proceed in respect of the pleadings contained in these two paragraphs.

3. On the announcement of the 14th Assembly Election to the Orissa State Legislative Assembly, insofar as it related to 25-- Champua Assembly Constituency, the following schedule of election was notified:

4. As per the above schedule, on expiry of the time of withdrawal on April 8, 2009, the returning officer prepared and published the following list of contesting candidates.

5. It so happened that one of the contesting candidates at Sl. No. 9, namely, Akhila Kumar Mohanta, who was an independent candidate, died on April 13, 2009. His death was allegedly informed to the returning officer. However, his name continued to appear in the list of contesting candidates and was included in Electronic Voting Machine (EVM). The polling was held on April 2