Mahammad Sahirulhak vs Pratap Ch. Sarangi

S.K. Sahoo, J

Learned counsel for the Election petitioner is present.

Mr. Pitambar Acharya, learned Senior Advocate submits that he is appearing on behalf of respondent no. 1 Sri. Pratap Chandra Sarangi.

Mr. Satya Smruti Mohanty, learned counsel submits that he has entered appearance for respondent no. 2 Navajyoti Patnaik.

Mr. Sanjaya Das and his associates enter appearance on behalf of respondent No. 11 Ramakanta Panda.

Respondent no. 6 Basantalata Pattanayak appears in person and files a memo of appearance in Court today which is taken on record.

Though summons on respondent nos. 3, 5 and 9 are sufficient, no one appears on their behalf.

Since the A.D. of summons on respondent no. 4 has been returned with signature which is illegible one other than the addressee and the S.R. of summons sent through special messenger to respondent no. 4 has been returned and reported to have been received by the P.A. of the addressee in his absence, let the learned counsel for the Election petitioner take fresh steps for issuance of summons on the respondent no. 4, speed post requisites for which shall be filed by 20.03.2020.

It is mentioned that S.R. of summons on respondent no. 7 has been returned with report that he refused to receive the summons, hence notice sent to the said respondent be treated as sufficient. Regarding sufficiency of service of summons, learned counsel for the Election petitioner submits that he will file necessary service affidavit in that respect.

Summons on respondent no. 8 has been returned unserved with postal endorsement 'unknown'. Since such summons issued to respondent no. 8 through special messenger has also been returned unserved with report that the addressee is not present in the given address and nobody has signed as a witness in the summons, let the learned counsel for the Election petitioner take fresh steps for issuance of summons on respondent no. 8, speed post requisites for which with present correct address shall be filed by 20.03.2020.

It is mentioned that S.R. of summons on respondent no. 10 through special messenger has been returned and reported to have been served on the joint living father of the addressee in his absence, hence the said summon be treated as sufficient. Regarding sufficiency of service of summons, learned counsel for the Election petitioner submits that he will file necessary service affidavit in that respect.

Learned counsel for the Election petitioner submits that he will file an affidavit treating the summons received by the daughter of the respondent no. 12 as sufficient service on respondent no. 12 since she is living jointly with the addressee as reported in the S.R.

Learned counsel appearing for the respondent no. 1 files an interim application in Court today for grant of time to file written statement.

Registry is directed to register the I.A.

A copy of the interim application has already been served on the learned counsel for the Election petitioner as well as the other respondents who have entered appearance.

List this matter on 24.04.2020

The matter will be taken up at 2.00 p.m. on that date.