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2005 Supreme(Ori) 646

P.K.TRIPATHY, A.K.PARICHHA
Dibakar Patra – Appellant
Versus
Jatadhari Mishra – Respondent


Advocates:
For petitioner:M/s. Ashok Kumar Mohanty, Pradeep Kumar Mohapatra, G.P.Mohapatra, M.K.Pati
For opp. Parties:M/s. Manoj Mishra, P.K.Das, P.K.Nanda (for Opp.Party No.1)

JUDGMENT

A.K.PARICHHA, J. — In this application, the petitioner, who is the elected member of Zone No.26 of Puri Zilla Parishad, has challenged the order dated 3.4.2004 (Annexure-4) passed by the learned District Judge, Puri in Election Misc. Case No.70 of 2002 allowing the amendment of the election petition.

2. Petitioner was elected as a Member of Zone No.26 of Puri Zilla Parishad in the election held in the month of Febru¬ary, 2002. Opposite party No.1, who was a candidate for the said Zone and was defeated in the election, filed an election dispute bearing Election Misc. Case No. 70 of 2002 before the learned District Judge, Puri challenging the validity of election of the present petitioner on the ground that he resorted to corrupt practice by illegally utilizing the Government machinery for putting pressure on the voters; distributing huge amount of money and materials through agents to allure the voters, obstructed the voters of their rival candidates by use of physical force and intimidation and also tampered with the ballot papers, which had been kept in sealed packets. During pendency of the election dispute, opposite party No.1 filed a petition on dated 25.2.2003 for ame
















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