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2022 Supreme(Ori) 657

BISWANATH RATH
Ashok Kumar Gedi – Appellant
Versus
Jyotrimayee Behera – Respondent


Advocates appeared:
Mr. M.K.Panda, S.R. Nayak, S.S. Chhualsingh & M.Mohanty, for the Appellant; Mr. A.Rath & S.Rath (for O.P.No.1), Mr. U.K.Sahoo, Addl. Standing Counsel, for the Respondent.

JUDGMENT

Biswanath Rath, J. - This writ petition involves allowing an amendment application under Order 6 Rule 17 of the Code of Civil Procedure involving election dispute filed under the provisions of Orissa Gram Panchayat Act. Bringing the application, Mr.Panda, learned counsel for the petitioner taking this Court to the nature of dispute involving an election petition contended once there is inherent mistake involving an election dispute inasmuch as claiming relief involving particular villages under Panchayat, there cannot be amendment entertainable replacing the villages under Panchayat which involved in the election dispute. Taking this Court to paragraph-4 of pleadings in the election dispute and reading through the same together with the proposed amendment available at page- 25 of the brief, Mr.Panda, learned counsel for the petitioner contended that paragraph-4 discloses clear pleading that opposite party no.1 insisting 6 P.S. Members of particular villages such as Chandanpur Bari, Madhusudanpur, Ratalanga, Arangabad & Amathpur G.P., who were very much hale hearty on that day represented the E.O., that they are not capable to cast their votes but however by thus proposed am

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