ARIJIT PASAYAT, J.

( 1 ) THIS election petition has been filed by Shri Somnath Rath challenging election of Shri Bikram Kashari Arukh (hereinafter referred to as the 'elected candidate') to the Orissa State Legislative Assembly, 1995 in respect of 66-Bhanjanagar Assembly Constituency. Though nomination papers submitted by the petitioner, the ejected candidate (respondent No. 1) and respondent Nos. 2 to 4 were accepted, nomination papers submitted by respondents Nos. 5 to 7 were rejected. In other words, petitioner and respondents 1 to 4 were in the election field, and respondent No. 1 was declared elected by the Election officer. Nomination papers of respondents 5 and 6 were rejected on the ground that they were defective. Nomination paper if respondent No. 7 was rejected on the ground that he was a dealer under the Public Distribution Systems (in short, 'pds') and as such was ineligible. Though originally election of respondent No. 1 was challenged on the ground of alleged corrupt practice, same was given up at the threshold before the issues were framed, and ultimately the following Issues were framed. (1) Whether the nomination of any one of the candidates namely Shri Pratap Cha