JUDGMENT :

1.This application under Order 6, Rule 16 read with Order 7, Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as the “Code” for brevity) has been filed by the returned candidate-Tara Prasad Bahinipati, who contested the 143-Jeypore (General)Assembly Constituency in the general election of the year 2014. The sole opposite party is the election petitioner.

2.The election petitioner-Rabinarayan Nanda the official candidate of the Biju Janata Dal (hereinafter referred to as the “BJD” for brevity) filed an application under Section 100 of the Representation of the People Act, 1951(hereinafter referred to as the “R.P. Act” for brevity) for declaring the election of the returned candidate, i.e., the petitioner in this Misc. Case to be invalid on the ground that his nomination has been improperly accepted by the Returning Officer as it did not contain a mention of the criminal cases pending against the returned candidate and there is prevaricating statement regarding his educational qualification. The election petition has been admitted and notice has been issued. The opposite parties have already appeared and filed their written statement and issues have been