JUDGMENT

21.01.2016.Heard Mr. Rajat Kumar Rath, learned Senior Counsel for the petitioner, Mr. Pitambar Acharya, learned Senior Counsel for opposite party Nos. 1 and 2, learned Additional Government Advocate for opposite party No.3 and Mr. M.R. Mohanty, learned Counsel for intervenor.

2.The petitioner, who claims to be a scheduled caste woman and a resident of Ward No.21 of Cuttack Municipal Corporation, has filed this writ petition challenging the legality and propriety of notification dated 08.01.2016 (Annedure-4) issued by the State Election Commissioner, Orissa-opposite party No.1 for the bye-election for the post of Mayor of Cuttack Municipal Corporation ( hereinafter referred to as the Corporation) to be held on 22.01.2016, with a further prayer to direct the opposite parties to hold bye election to the post of Corporator of Ward No.21 of the Corporation and thereafter to hold the bye-election to the post of Mayor of the Corporation.

3.The undisputed facts are that the Corporation comprises of 59 wards, out of which 32 wards fall within the Barabati-Cuttck Assembly Constituency; 21 wards come within the Choudwar-Cuttack Assembly Constituency, and 6 wards pertain to Cuttack Sadar