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2006 Supreme(Ori) 753

ASOK KUMAR GANGULY, I.MAHANTY
Nilamadhab Nayak – Appellant
Versus
Lambodar Turuk – Respondent


Advocates:
For Petitioner:M/s. Ashok Mohanty & Santosh Nanda
For Opp.Parties:M/s. H. M. Dhal, B. B. Swain & K. Dhal (O.P. No.1)

JUDGMENT

A. K. GANGULY, J. — This writ petition has been filed chal¬lenging a judgment dated 26th February, 2005 passed by the Dis¬trict Judge, Koraput, in Election Petition No.1 of 2003 filed by one Lambodar Turuk.

2. By the said impugned judgment the District Judge held that the election petition has merit and is to be allowed and came to a finding that the rejection of nomination papers of Lambodar Turuk by the Election Officer was improper. Since the rejection of nomination paper was improper the District Judge set aside the entire process of election for Ward No.13 of the N.A.C., Umerkote, and the said election was declared null and void and the election of opposite party No.2 in the said election petition, who is the petitioner in the present writ petition, was set aside. A casual vacancy in Ward No.13 of the N.A.C., Umerk¬ote, was declared and the District Magistrate/Collector, Nabar¬angpur, was directed to take up all such proceedings to fill up the said vacancy by a bye-election. After filing this writ peti¬tion initially a stay was obtained by the writ petitioner as a result of which no steps could be taken to fill up the said vacancy. This Court by an order dated 15.11.2

























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