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2016 Supreme(Ori) 230

VINEET SARAN, B.R.SARANGI
Saswati Patra – Appellant
Versus
Saraswati Biswal – Respondent


Advocates Appeared:
For the Appellant : M/s.U.K. Samal, C.D. Sahoo, S.P. Patra, S. Naik.
For the Respondent:Mr. K.P. Mishra ( for Respondent No.1) Mr. Debasish Swain, S.K. Dash, K.P. Mishra, B. Basakh, A. Pradhan (for caveator)

JUDGMENT :

Dr. B.R. Sarangi, J.

The appellant, being the writ petitioner, has filed this intra-Court appeal against the order dated 29.04.2016 passed by the learned Single Judge of this Court in W.P.(C) No. 6657 of 2016 confirming the order dated 08.04.2016 passed by the learned District Judge-cum- Election Tribunal, Puri, rejecting the application filed by the appellant under Order 6 Rule 16 and Order 7 Rule 11 of C.P.C in Election Petition No. 1 of 2012.

2. The factual matrix of the case, in hand, is that the appellant has been elected as a Member of Zilla Parishad, Puri representing Satyabadi-3 Constituency No. 33 pursuant to the election held on 13.02.2012 where the respondents were contesting her in the said election. The election of the appellant has been challenged by respondent no.1 by raising election dispute under Section 32 of the Orissa Zilla Parishad Act, 1991 before learned Election Tribunal –cum- District Judge, Puri on the ground that the caste certificate showing that she belongs to OBC category is not a genuine one, thereby acceptance of nomination and declaring the appellant as returned candidate is void.

3. It is admitted that evidence from both the sides have alrea






























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