IN THE HIGH COURT OF ORISSA AT CUTTACK

Bhakta Charan Das ..... Election Petitioner

Represented by

Mr.B.Mishra, Sr. Advocate

Mr. B.C.Panda, Advocate Mr. T.K.Biswal, Advocate

-versus-

Manorama Mohanty ..... Respondent

Represented by

Mr. G.K.Agarwal,

Senior Advocate with

Ms. S. Srivastava, Advocate

CORAM:

THE HON’BLE MR. JUSTICE SASHIKANTA MISHRA

ORDER

Order No. 09.1.2026.

I.A. No. 133 of 2025

29. 1. This matter is taken up through hybrid mode.

2. This an application filed by the election petitioner seeking a direction to the Headmistress of Government Girls’ High School, Bhawanipatna to produce the documents as per the schedule appended thereto. It is stated that the documents

required to be produced by the Headmistress have a material bearing on the case in view of the stand taken by the Respondent in the written statement filed by her.

3. Mr. B. Mishra, learned Senior counsel appearing with Mr. B.C. Panda and Mr. T.K.Biswal, learned counsel, submits that the onus of proof being on the election petitioner, the prayer needs to be allowed as otherwise, it would prejudice him.

4. Per contra, Mr.G.K. Agarwal, learned Senior Advocate appearing with Ms. S. Srivastava, learned counsel, submits that the documents sought to be produced are wholly irrelevant and not necessary for adjudication of the election petition.

5. After considering the rival contentions, this Court is of the view that the onus of proof being on the election petitioner, he cannot be stopped from producing the documents, which he feels would prove his case.

6. The I.A. is therefore, allowed.

(Sashikanta Mishra)

AKB Judge

30. 1. This matter is taken up through hybrid mode.

2. Mr. Sidhartha Kumar Nayak being present is examined as P.W.2. He is cross-examined in full and discharged.

3. Issue summons to the Headmistress, Government Girls’ High School, Bhawanipatna to appear before this Court along with the documents as per the schedule to the petition and to prove the documents on 28.1.2026. Requisites for issuance of summons be filed within three working days.

4. List this matter on 12.1.2026 for further evidence from the side of the election petitioner.

(Sashikanta Mishra)

AKB Judge Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR BEHERA Designation: A.D.R.-cum-Addl. Principal Secretary Reason: Authentication Location: OHC,Cuttack Date: 09-Jan-2026 19:52:12 Page 3 of 3