Balaram Swain vs Jyaram Nayak And Others

W.A. No.1318 of 2022 and I. A. No.3214 of 2022

The Court notes that in the impugned judgment dated 27th September 2022, the learned Single Judge has already made the proceedings concerning condonation of delay in the filing of the election petition time-bound by mandating that the issue should be decided within 15 days from 10th October, 2022.

However, by virtue of the stay order granted by this Court in the present appeal on 10th October 2022, the said proceeding has not progressed further.

Having heard Mr. Subir Palit, learned Senior Counsel appearing for the Appellant and Mr. Kishore Kumar Mishra, learned counsel for Respondent No.1, this Court without interfering with the impugned judgment of the learned Single Judge further directs as under:

i. Since Mr. Mishra states that his client has already filed a reply before the Election Tribunal i.e. learned Civil Judge (Junior Division) Aska on the issue of delay, the Election Petition will now be listed before the Election Tribunal on 26th October 2022, on which date the issue of limitation will be taken up, and argument advanced and concluded positively by 4th November, 2022;

ii. The verdict of the Election Tribunal on Issue No.1 pertaining the limitation be delivered by 14th November, 2022;

The appeal is disposed of in the above terms. The I.A. is accordingly disposed of. A copy of this order be sent to the concerned Court forthwith. An urgent copy of this order be issued as per rules.

The next date of hearing i.e. 14th December, 2022 is cancelled.

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