ORDER

11.03.2025.

Sashikanta Mishra,J. This application has been filed by the sole Respondent of the above Election Petition under Order VI Rule 16, Order VII Rule 11 read with Order VII Rule 14 of the C.P.C. and Sections 81, 83, 86 and 87 of the Representation of People Act, 1951 and the rules framed there under.

2. The Election Petition has been filed with two fold prayer;

(1)To declare the election of sole Respondent-Manorama Mohanty from 81 Narla Assembly Constituency as void and to set aside the same, and (2)To declare that the affidavit filed by the sole Respondent-Manorama Mohanty in Form-26 does not disclose complete, correct and true information regarding her educational qualification as mentioned under Col.11 of the said affidavit.

3. Notice of the Election Petition being served upon the sole Respondent, she has entered appearance and filed her written statement. Additionally, she has filed the instant application to which the Election Petitioner has filed his objection.

4. The present application has been filed with prayer to dismiss the Election Petition in limine under Section 86 of the Act on the following grounds;

(i) The copy of election petition served on the Petitioner/Respondent though official mail of this Hon’ble Court is not the exact and true copy of the original Election Petition filed in Court.

(ii) The Election Petition has not been signed and verified by the election petitioner as required u/s 83(1)(c) of the Act read with Order VI Rule 15 C.P.C. The affidavit appended to the election petition has not been signed and sworn either before the Notary Public or before the Oath Commissioner, as required under the law.

(iii) There is complete lack of oath/affirmation of the Election Petitioner as required under Sec. 83(1)(c) of the R.P. Act, 1951 read with Order VI Rule 15 C.P.C and Chapter VI Rule 16 of High Court of Orissa Rules, 1948 for verification of the pleadings. Thus, the Election Petition does not confirm to the requirement of Sub-section (3) of Sec. 81 of the R.P. Act, 1951 and is to be dismissed u/s 86 of the Act in limine.

(iv) The election petition has not been signed and verified by the election petitioner in the manner laid down in the C.P.C. for the verification of pleadings. The election petition has not been presented along with the Affidavit as required under Sec. 83(1)(c) of the Act read with Order-VI Rule-15 of the C.P.C. and Chapter VI Rule 16 of High Court of Orissa Rules, 1948 and as such, the election petition is liable to be dismissed in limine.

(v) The Affidavit appended to the election petition served on the Respondent is without oath and affirmation. The election petition having been filed without the affidavit as required under law is no Petition under the eye of law, and as such the same is liable to be dismissed under section 86 of the R.P. Act, 1951.

(vi) On a plain reading of the election petition it appears that the election petitioner sues upon several documents and/or relies upon several documents purported to be in his possession or power in support of his claim /allegation in the election petition. The election petitioner has neither produced such documents in court, when the election petition was presented nor has delivered copies of such documents to the Respondent, therefore the election petition is incomplete and the same is liable to be dismissed at the threshold on this score alone.

(vii) The documents referred to in the pleadings of the Election Petition on the basis of which averments have been made in the Election Petition have not been annexed along with the election petition nor copies of such documents have been provided to the Respondent, nor contents of such documents have been reproduced in the election petition so that the Respondent shall not be prejudiced to set up his defence. Therefore, the election petition is incomplete and is liable to be dismissed at the very threshold under Sec. 86 for non-compliance of Sec. 81 and Sec. 83 of the R.P.

Act, 1951.

(viii) Th