Radheshyam Yadav vs Sarada Prasad Nayak

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2026 Supreme(Ori) 177

IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Radheshyam Yadav – Appellant
Versus
Sarada Prasad Nayak – Respondent

Advocates Appeared:
For the Appellants : K.K. Mohapatra, S.R. Swain, D. Nayak, M. Deo, B. Das, S. Das, U.K. Mohapatra
For the Respondents: U.K. Samal, M.R. Mohapatra, S.P. Patra, N. Samal, A.B. Tarini

Headnote: Read headnote

JUDGMENT :

SASHIKANTA MISHRA, J.

1. The present application has been filed by the sole Respondent in the above-mentioned Election Petition under Section 86 of the Representation of the People Act, 1951 read with Order VI Rule 16, Order-VII Rule-11 and Section 151 of the Code of Civil Procedure. In this application, the Respondent prays for striking out the pleadings contained in Paragraphs 10 (A) to 10 (H) and for the rejection/dismissal of the Election Petition in its entirety at the very threshold in terms of Section 86 of the said Act. It is contended that the pleadings sought to be struck off are wholly irrelevant, frivolous, and scandalous, amounting to gross abuse of the process of this Court. Additionally, it is submitted that the Election Petition lacks essential material facts and particulars, fails to disclose a complete cause of action, and does not raise any triable issues, thereby warranting its dismissal at the preliminary stage.

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