JUDGMENT

R.N. BISWAL, J. — In this writ petition, the petitioner challenged the order dated 23.9.2009 passed by the Election Tribunal-cum-District Judge, Khurda at Bhubaneswar in C.M.A. No.12 of 2009, arising out of Election Petition No.362 of 2008 rejecting the petition filed under Order VII, Rule-11 of C.P.C. by the petitioner.

2. Opposite party No.1, a defeated candidate in the last election of Corporators in Bhubaneswar Municipal Corporation in respect of Ward No.40 filed the aforesaid election petition seeking a declaration that the election of the petitioner as Corporator of that Ward was illegal and void. At the same time, he prayed to declare him as the elected Corporator for the said Ward No.40 of the Bhubaneswar Municipal Corporation. In that election, the petitioner had secured 2575 votes, whereas opposite party No.1 secured 2232 votes. After receiving notice in the election petition, petitioner appeared before the Election Tribu¬nal-cum-District Judge, Khurda at Bhubaneswar and filed an appli¬cation under Order-VII, Rule-11 read with Section 151 of C.P.C. giving rise to C.M.A. No.12 of 2009 for rejection of the election petition on the ground that the election petition