JUDGMENT :

S.K.Mishra, J.

The petitioners are nine councillors representing different wards of the Keonjhargarh Municipal Council (KMC). They have been declared disqualified by the State Election Commission i.e. opposite party no.2 in Complaint Case No.1 of 2016 filed by the former Chairperson of Keonjhargarh Municipality i.e. opposite party no.5, namely, Mina Majhi under the provision of Section 46-A(1)(b) of the Odisha Municipality Act, 1950 as amended by the Odisha Municipal Laws (Second Amendment) Act, 2015 as per order dated 19.02.2016. The election to Keonjhargarh Municipality was held on 19.09.2013 pursuant to notification issued by the State Election Commission on 12.08.2013. The municipal council consists of 21 wards. All these petitioners contested the municipality election under the aegis and as candidates for the ruling Biju Janata Dal (BJD), hereinafter, referred to as the “BJD” for brevity. On 30.09.2013, election to the Chairperson of the Municipality was held and opposite party no.5 was elected as the Chairperson of the Municipality as 15 votes were cast in her favour. It is stated that the opposite party no.5 started involving monopolistic activity and for her allege