Debashish Samantaray vs Mohammed Moquim

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard Mr. Milan Kanungo, learned Senior Advocate appearing for the Election Petitioner and Mr. Bidyadhar Mishra, learned Senior Advocate appearing for the respondent.

Learned counsel for both the parties stated that in pursuance of order No. 59 dated 14.10.2022, they have appeared on the date fixed and learned Registrar (Judicial) opened the sealed cover in respect of the list of documents and allowed them to peruse the documents, but the inspection could not be completed on that day and therefore, another date may be fixed for perusal of the documents.

Let the learned counsel for both the parties appear before the learned Registrar (Judicial) of this Court on 10.11.2022 at 11.00 a.m. for perusal of the documents and admission of the same, if any, and the list of admitted documents shall be furnished to this Court by the next date by learned Registrar (Judicial). It is made clear that if the inspection is not completed on 10.11.2022, then a further date shall be fixed by learned Registrar (Judicial) preferably on day to day basis with the consent of learned counsel for both the parties.

Learned counsel for the respondent files certain documents by way of additional list so also additional list of witnesses, which are taken on record. Copies of the additional list of documents so also additional list of witnesses have been furnished to the learned counsel for the election petitioner. The additional list of documents shall be kept in a sealed cover. This additional list of documents shall be opened by learned Registrar (Judicial) on the date fixed for the purpose of admission, if any.

Mr. Milan Kanungo, learned Senior Advocate appearing for the Election Petitioner seeks some further time to file objection to I.A. No. 25 of 2022.

Time is granted till the next date.

As per order No.60 passed in I.A. No. 27 of 2022, the District Election Officer -cum- Collector, Cuttack was directed to produce certain documents before the learned Registrar (Judicial), which were to be allowed for perusal and admission by the learned counsel for both the parties. Free copy of the order along with a copy of the interim application was handed over to Mr. Arupananda Das, learned Additional Government Advocate for forwarding the same to District Election Officer -cum- Collector, Cuttack.

Mr. Arupananda Das, learned Additional Government Advocate submits that not only he has communicated the order to the concerned authority, but also he has the instruction that the documents as per order No.60 dated 14.10.2022 have already been produced before the Registrar (Judicial) of this Court on 21.10.2022.

Since nothing has been reflected to that effect in the office note, let a specific note be placed to that effect whether Order No.60 passed in I.A. No. 27 of 2022 has been complied with or not.

In pursuance of order No.61 dated 14.10.2022 passed in I.A. No. 26 of 2022, the Joint Chief Electoral Officer has produced certain documents which are at Flag ‘22’ and the same have been kept in a sealed cover.

Learned counsel for the Election Petitioner submits that though earlier orders were passed for grant of certified copies of the F.I.R. and order-sheets in some cases pending before the learned Special Judge (Vigilance), Bhubaneswar and J.M.F.C. (O), Bhubaneswar and the same have been applied for, some further time may be granted to produce the same.

Time is granted till the next date.

On consensus of the learned counsel for both the parties, put up this matter on 18th November 2022 at 2.00 p.m.

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