JUDGMENT :

K.R. MOHAPATRA, J.

1. This is an application filed under the provisions of Order 6 Rule 16 and Order 7 Rule 11 of Code of Civil Procedure, 1908 read with Section 86 of the Representation of Peoples Act, 1951 (for short, ‘the Act’).

2. Facts in nutshell relevant for appropriate adjudication of this misc. case are as follows:-

As reveals from the case record, on 10.04.2014, the General Election of 13-Kandhamal Parliamentary Constituency (Lok Sabha) was held and the result was declared on 16th May, 2014 declaring Sri. Hemendra Chandra Singh (the husband of the petitioner herein) as Member of Parliament (Lok Sabha). Unfortunately, said Hemendra Chandra Singh breathed his last on 5th September, 2014. Thus, the seat of 13-Kandhamal Parliamentary Constituency (Lok Sabha) fell vacant. As a result, the Election Commission in exercise of power under Section 149(1) read with Sections 30 and 56 of the Act called upon the said Parliamentary constituency to elect a person for filling up the casual vacancy. As per the Gazette Notification, 26th September, 2014 was the last date for filing up of nomination paper. 27th September, 2014 was the date for scrutiny of the nominations and 29th Sep