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2022 Supreme(Ori) 686

IN THE HIGH COURT OF ORISSA AT CUTTACK
BISWANATH RATH
Sabita Biswal – Appellant
Versus
Subhashree Biswal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr.B.Bhuyan, Advocate
For the Opposite Party :Mr.S.K.Dalai, Advocate, Mr.S.Ghose, Additional
Government Advocate

Table of Content
1. background of the election dispute. (Para 1)
2. arguments on maintainability and party involvement. (Para 2 , 3)
3. court's reasoning on necessity of parties. (Para 4 , 5 , 6)
4. conclusion on case dismissal and trial directions. (Para 7 , 8)

JUDGMENT :

Background involving the case is that the Election dispute vide Election Petition No.6 of 2022 was initiated on the ground indicated therein making the return candidate as well as the BDO-cum-Election Officer, Puri as Opposite Party Nos.1 & 2 respectively. On entertainment of such Election dispute, notice being issued to both the parties therein, Opposite Party No.1 being the returned candidate herein on her appearance as a first attempt filed an application under Order 7 Rule 11(d) of C.P.C. challenging the maintainability of the Election dispute on the ground that there has been non-compliance of provision at Section 80 of C.P.C. so far it relates to Opposite Party No.2 therein. This application has been disposed of in rejection of such application giving raise filing the Writ Petition in hand.

3. Mr.Dalai, learned counsel appearing for the Election Petitioner here as Opposite Party No.1 however seriously objecting

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