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2020 Supreme(Ori) 54

D.DASH
Saraswati Sahoo – Appellant
Versus
Lipika Dash – Respondent


Advocates Appeared:
Amit Tripathy, Advocate, S.S. Rao, Advocate, B.K. Mohanty, Advocate, A.K. Parida, Advocate, A.K. Sahoo, Advocate, M.K. Dash, Advocate, D. Sahoo, Advocate, H.K. Dash, Advocate, P. Acharya, Advocate
Cases Referred
Damburu Majhi V- Tarinicharan Majhi, (2006) 2 CurLR 705
Kalabati Jena V- Dhaneswar Jena and others, (2009) Supp2 OrissaLR 344
Manorama Sahu V- Kona Rajeswari Reddy & others, (2017) 1 ILR(Cut) 314
Usha Sahoo V- Ambika Sahoo and another, (2011) 1 OrissaLR 499

JUDGMENT

D.Dash, J. - The petitioner has filed this writ application to set aside the judgment passed by the learned District Judge, Nayagarh in Election Appeal No. 02 of 2018 by issuing appropriate writ/writs in the nature of certiorari.

    By the said Judgment, the appellate court while dismissing the appeal filed by the petitioner as the appellant in questioning the order dated 03.03.2018 passed by the learned Civil Judge (Junior Division), Nayagarh in Election Misc. Case No. 15 of 2017 has confirmed the order declaring the election of this petitioner as Sarpanch, Nabaghanapur Grama Panchayat under Nayagarh Block as void; consequentially creating a casual vacancy in the said office.

    It is to place here that this petitioner was the opposite party no.1 in the original election petition and present opposite party no.1 had filed that election petition questioning the election of this petitioner as Sarpanch of Nabaghanpur Grama Panchayat under Nayagarh Block for a declaration that it is void.

2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the trial court.

    Heard learned counsel

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