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2012 Supreme(Ori) 366

B.N.MAHAPATRA
Santilata Dei – Appellant
Versus
Sumitra Mahakuda – Respondent


Advocates Appeared:
M/s. Prafulla Kumar Rath, P.K. Satpathy, R.N. Parija, A.K. Rout, S.K. Pattnaik, D.P. Pattnaik & A. Behera for Petitioner
M/s. D.P. Dhal, S.K. Dash & A.K. Mishra for Opp. Party

JUDGMENT

B.N. MAHAPATRA, J.

This Writ Petition has been filed with a prayer to set aside the Order Dated 21.09.2012 (Annexure-I) passed by the learned Additional Civil Judge (Junior Division), Dasapalla (for short, "Election Tribunal") in I.A. No. 6 of 2012 arising out of Election Dispute Case No. 2 of 2012 rejecting the application filed by the present Petitioner, who is the returned candidate & Opp. Party in the election petition for grant of leave to deliver interrogatories.

2. Petitioner's case in a nut-shell is that she along with Opp. Party who was the election Petitioner were contesting in the election for the office of Sarpanch, Rasanga Grama Panchayat. In the said election, the Petitioner having polled majority of valid votes was declared elected. The election of the Writ Petitioner has been challenged by the Opp. Party on the ground of disqualification with the averments that the Writ Petitioner has begotten 3rd child after the cut off date. The Writ Petition-'r entered her 'appearance by filing her show cause. Before commencement of trial of the election dispute, the Writ Petitioner filed application seeking grant of leave to deliver interrogatories on certain aspects plead































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