R.M.Lodha, J. - (1.) LEAVE granted.
(2.) THE two paragraphs - 7(A) and 7(D) - of the election petition occupied significant time of this Court on 3 days - February 7, 2012, February 9, 2012 and February 14, 2012 - to determine the correctness of the order dated June 21, 2011 passed by the Orissa High Court whereby the High Court directed that the election petition shall proceed in respect of the pleadings contained in these two paragraphs. On the announcement of the 14th Assembly Election to the Orissa State Legislative Assembly, insofar as it related to 25--Champua Assembly Constituency, the following schedule of election was notified: SCHEDULE OF ELECTION 28.3.2009 PERIOD PRESCRIBED FOR FILLING To NOMINATION. 4.4.2009 6.4.2009 DATE FIXED FOR SCRUTINY OF NOMINATION 8.4.2009 DATE OF WITHDRAWAL 23.4.2009 DATE OF POLLING 16.5.2009 DATE OF COUNTING/ DECLARATION OF RESULT. 28.5.2009 DATE BEFORE WHICH THE ELECTION SHALL BE COMPLETED. As per the above schedule, on expiry of the time of withdrawal on April 8, 2009, the returning officer prepared and published the following list of contesting candidates. "Table"
(3.) IT so happened that one of the contesting candidates at Sl. No. 9, namely, Akhila Kumar Mohanta, who was an independent candidate, died on April 13, 2009. His death was allegedly informed to the returning officer. However, his name continued to appear in the list of contesting candidates and was included in Electronic Voting Machine (EVM). The polling was held on April 23, 2009 in all 218 booths of the 25-Champua Assembly Constituency through EVM. The total votes recorded in the EVMs of 218 booths were 1,25,342 and postal ballots were 10. The appellant, Jitu Patnaik who contested as an independent candidate secured 27700 votes. The first respondent, Sanatan Mohakud, a candidate of Indian National Congress, secured 27555 votes. The deceased Akhila Kumar Mohanta got 550 votes. Since the appellant secured the highest number of votes, he was declared elected from 25-Champua Assembly Constituency. The first respondent (hereinafter referred to as `election petitioner') challenged the election of the appellant (hereinafter referred to as `returned candidate') by filing an election petition before the Orissa High Court. In paragraphs 7(A) to 7(G), the election petitioner set out the case for declaring the election of the returned candidate to be void and declare the election petitioner duly elected to the Orissa State Legislative Assembly from 25-Champua Assembly Constituency.;