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2019 Supreme(Ori) 35

BISWANATH RATH
Saraswati Nayak – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
A.P. Bose, Adv., V. Kar, Adv., D.J. Sahu, Adv., S.S. Dash, Adv., N. Hota, Adv., S.N. Mishra, Adv., P.K. Ray, Adv., A.R. Sethy, Adv., S. Devi, Adv.

JUDGMENT :

Biswanath Rath, J.

This is a writ petition under Article 227 of Constitution of India involving the impugned judgments arising out of Election Appeal No.1 of 2018 disposed of by the Additional District Judge, Champua, vide Annexure1 thereby confirming the judgment involving Election Misc. Case No.2 of 2017 disposed of by the Civil Judge (Jr.Divn.), Champua, vide Annexure-2.

2. Background involving the case is that O.P.5 herein filed election dispute involving the petitioner, the elected candidate, O.P.4 therein and another contesting candidate, Sulochana Nayak, O.P.5 therein thereby assailing the election of the present petitioner on the premises of the present petitioner being a disqualified candidate to contest the election for her not attaining the age of 21 years and that there has been illegal acceptance of the nomination paper of O.P.4 therein.

    Background involving the election dispute remains that O.Ps.4 & 5 and the present petitioner contested for the post of Sarapanch of Sadangi Gram Panchayat under Champua Block. Election for the post of Sarapanch was held on 21.2.2017. O.P.5 was allotted with symbol "Sun" whereas O.P.4 herein also appearing as O.P.5 in the electio

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