IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K. Sahoo, J.
Debashish Samantaray – Appellant
Versus
Mohammed Moquim – Respondent
ELPET No. 6 of 2019
Decided On : 09-12-2022
Hybrid Arrangement - Inspection of Documents - The court scheduled multiple dates for the inspection of documents by both parties and set a deadline for completion. The court also allowed further time for filing objections to interim applications.
Fact of the Case:
The court scheduled multiple dates for the inspection of documents by both parties and set a deadline for completion. The court also allowed further time for filing objections to interim applications.
Finding of the Court:
The court found that both parties needed additional time for the inspection of documents and filing objections to interim applications.
Issues: Inspection of documents, filing objections to interim applications
Ratio Decidendi: The court emphasized the importance of completing the inspection of documents within the specified timeline and allowed further time for filing objections to interim applications.
Final Decision: The court allowed additional time for the inspection of documents and filing objections to interim applications, setting a deadline for completion.
JUDGMENT
S.K. Sahoo, J. - This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).
2. In pursuance of the order dated 23.11.2022, learned counsel for both the parties appeared before the learned Registrar (Judicial) on 25.11.2022, 28.11.2022, 01.12.2022, 02.12.2022, 05.12.2022, 06.12.2022 and 07.12.2022 for inspection of documents and to that effect, notes have been placed by learned Registrar (Judicial).
3. The last note sheet dated 07.12.2022 of the learned Registrar (Judicial) indicates that list of admitted documents was not filed by any of the parties The certified copy of the F.I.Rs. in different cases along with order sheets in some cases and final form in some other case, which were filed on 23.11.2022 by the Election Petitioner are marked as Exts.27 to 30 with objection. The certified copy of the R.O.R. of Khata No.155-D1, Mouza- Cuttack Town, Unit No.11, Oriya Bazar filed on 23.11.2022 is marked as Ext.31 with objection. The downloaded copies of the candidate detail along with the Nomination paper nos.02, 03, 04 and 05 dated 02.04.2019 filed in Form 2B and the Affidavit in Form 26 of the respondent along with the Certificate under section 65B of the Indian Evidence Act filed on 23.11.2022 are marked as Exts.32 to 35 with objection. The nature of objection raised to such exhibits is to be decided at the time of final hearing.
4. Learned counsel for the Election Petitioner so also learned counsel for the Respondent submitted that some more time is required for further inspection of documents.
5. Let the learned counsel for both the parties appear before learned Registrar (Judicial) on 12.12.2022 at 11.00 a.m. for perusal of the remaining documents and admission of the same, if any, and the list of admitted documents shall be furnished to this Court by the next date by the learned Registrar (Judicial). It is made clear that if the inspection is not completed on 12.12.2022, then a further date(s) shall be fixed by the learned Registrar (Judicial) preferably on day-to-day basis with the consent of the learned counsel for both the parties.
6. Since the several dates have already been provided to the parties for inspection of documents, let the same be completed by 21.12.2022 by the learned counsel for both the parties.
7. On consensus of learned counsel for both the parties, list this matter on 22.12.2022 and the matter will be taken up at 2.00 p.m.
8. Learned counsel for the Election Petitioner shall file evidence affidavit of the Election Petitioner on that day giving copy thereof to the learned counsel for the Respondent in advance.
I.A. No.25 of 2022
9. Mr. Milan Kanungo, learned Senior Advocate appearing for the Election Petitioner seeks some further time to file objection to this interim application.
10. Time is allowed till the next date.
I.A. No.23 of 2022
11. Mr. Bidyadhar Mishra, learned Senior Advocate appearing for the Respondent also seeks some further time to file objection to this interim application.
12. Time is allowed till the next date.
Timely completion of document inspection and filing objections to interim applications is crucial for the progress of the case.
Inspection of election-related documents must be justified by adequate and precise allegations, ensuring integrity and purity of the electoral process.
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Election petitions must be filed within 45 days of election results; failure to comply with statutory requirements leads to dismissal.
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It is an archaic practice that during the evidence- collecting stage, whenever any objection is raised regarding admissibility of any material in evidence the court does not proceed further without p....
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