Sanjukta Maharana vs Dipanjali Maharana And Others
2023 Latest Caselaw 11774 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No.29849 of 2023

        Sanjukta Maharana                        ....               Petitioner

                                                 Mr. A.P. Bose, Advocate
                                     -versus-

        Dipanjali Maharana and others            ....         Opposite Parties

                                 Mr. S.N. Das, Addl. Standing Counsel
                  CORAM: JUSTICE ARINDAM SINHA
                                   ORDER

Order                             27.09.2023
No.
  01.   1.      Mr. Bose, learned advocate appears on behalf of petitioner and

submits, his client is returned candidate as elected. There has been challenge by opposite party no.1 in seeking his client's disqualification. The trial Court by impugned order dated 16th August, 2023 rejected his client's application for calling ex-Headmaster of the school, to be examined. On query from Court he submits, one of his client's children was born in year 1994. The ex-Headmaster had corrected entry in respect of the child's date of birth to read year 1994. Opposite party no.1 had summoned present Headmaster. The Register was tendered by said witness. He refers to point no.4 in examination- in-chief and point no.10 in cross-examination of PW 4 to submit, it is necessary for purpose of his client's case to examine the ex- Headmaster. He hands up memo dated 25th September, 2023 to demonstrate service on caveator- opposite party no.1. Said opposite party goes unrepresented.

2. Mr. Das, learned advocate, Additional Standing Counsel appears on behalf of opposite party nos.3 and 4.

// 2 //

3. Point nos.4 and 10 from deposition dated 12th January, 2023 of PW 4 is reproduced below.

"Examination-in-chief

4. The entry bearing Sl. No. 585/5 dated-13.07.2001 of Loknath Maharana, S/o- Maguni Maharana and Sanjukta Maharana on the said Ext.2 has been marked as Ext.2/a. The year of birth has been mentioned in the said serial as 1994 overwriting on 1996 or 1992, but I can not say exactly.

Cross examination

10. Kasinath Mishra was the then Headmaster when the said entry was made."

4. Mr. Bose is requested to communicate this order to learned advocate for caveator and file memo regarding acknowledgement of service, on adjourned date.

5. List for hearing and disposal on 12th October, 2023. Mr. Bose is adamant in his submission that trial will be concluded and judgment delivered during pendency of the writ petition. In event trial and proceeding is concluded prior next date of hearing of the writ petition, judgment be not passed without leave of this Court.

(Arindam Sinha) Judge RKS

Signature Not Verified Digitally Signed Signed by: RANJAN KUMAR SETHI Designation: Secretary Reason: Authentication Location: HIGH COURT OF ORISSA Date: 27-Sep-2023 17:21:45