JUDGMENT

R.M. Lodha, J.

The returned candidate — Ramesh Rout - whose election to the 14th Orissa Legislative Assembly from 89-Athagarh Assembly Constituency has been set aside by the High Court of Orissa has preferred these two appeals under Section 116A read with Section 116C of the Representation of the People Act, 1951 (for short, ‘the 1951 Act’).

2. The Election Commission of India (for short, ‘Commission’) in order to constitute 14th Legislative Assembly announced general elections in the State of Orissa to be held in two phases on April 16, 2009 and April 23, 2009. Following this, the Governor of the State of Orissa in exercise of powers conferred under Section 5(2) of the 1951 Act issued a notification which was published in the official gazette on March 28, 2009. The 89 - Athagarh Assembly constituency is one of the 147 Assembly constituencies in the State of Orissa and is ‘General’ constituency. The Commission appointed the following schedule of election:

“28.3.2009

To

04.04.2009 = Period prescribed for filing of

“NOMINATIONS”

06.04.2009 = date fixed for SCRUTINY OF

NOMINATIONS.

08.04.2009 = last date for WITHDRAWAL OF

NOMINATIONS

23.04.2009 = date of POLLING.

16.05.2009 = dat