Orissa High Court
Court Today For Calling Of The Record vs Kanungo on 29 January, 2020
Author: Biswanath Rath
Bench: Biswanath Rath
ELPET No.5 of 2019
I.A. No. of 2020
13 29.01.2020 This Interlocutory Application is filed in
Court today for calling of the record, which be registered
and kept on record.
Heard Sri B. Mishra, learned Senior counsel
appearing on behalf of the petitioner and Sri M.
Kanungo, learned Senior counsel appearing on behalf of
the respondent no.1.
Considering the rival contentions of the
parties, this Court for no grant of certified copies of the
following documents observes unless the originals of the
followings are called for there may not be effective
adjudication of the disputes involved herein. This Court
accordingly directs for production of the followings from
the custody of the officers indicated herein below :-
The District Election Officer-cum-Collector &
District Magistrate, Koraput and the Returning Officer
of 141-Laxmipur (ST) Assembly Constituency-cum-
Assistant Sub-Collector, Koraput are directed to submit
the followings in original with the Registrar (Judicial) of
this Court by 17.02.2020.
1. Notice of Election in Form-1 duly notified by
the Returning Officer of 141-Laxmipur (ST) Assembly
Constituency under Rule-3 of the Conduct of
Elections Rules, 1961 read with Section 31 of the
Representation of the People Act, 1951 with respect
to last General Assembly Election, 2019.
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2. All sets of the original nomination papers in
Form-2B along with affidavit in Form-26,
Oath/Affirmation Form, Form-A and Form-B, Caste
Certificate, Receipt showing security deposit and
other accompanying documents of Purna Mandingi
filed before the Returning Officer of 141-Laxmipur
(ST) Assembly Constituency in the last General
Assembly Election, 2019.
3. Original checklist of documents in
connection with filing of nomination with respect to
the nominated candidate Purna Mandingi in the last
General Assembly Election, 2019.
4. All sets of the original nomination papers in
Form-2B along with affidavit in Form-26,
Oath/Affirmation Form, Form-A and Form-B, Caste
Certificate, Receipt showing security deposit and
other accompanying documents of Prabhu Jani filed
before the Returning Officer of 141-Laxmipur (ST)
Assembly Constituency in the last General Assembly
Election, 2019.
5. Original checklist of documents in
connection with filing of nomination with respect to
the nominated candidate Prabhu Jani in the last
General Assembly Election, 2019.
6. All sets of the original nomination papers in
Form-2B along with affidavit in Form-26,
Oath/Affirmation Form, Form-A and Form-B, Caste
Certificate, Receipt showing security deposit and
other accompanying documents of Kailash Chandra
Kulesika filed before the Returning Officer of 141-
Laxmipur (ST) Assembly Constituency in the last
General Assembly Election, 2019.
7. Original checklist of documents in
connection with filing of nomination with respect to
the nominated candidate Kailash Chandra Kulesika
in the last General Assembly Election, 2019.
8. All sets of the original nomination papers in
Form-2B along with affidavit in Form-26,
Oath/Affirmation Form, Form-A and Form-B, Caste
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Certificate, Receipt showing security deposit, certified
copy of the relevant electoral roll and other
accompanying documents of Anita Sagaria filed
before the Returning Officer of 141-Laxmipur (ST)
Assembly Constituency in the last General Assembly
Election, 2019.
9. Original checklist of documents in
connection with filing of nomination with respect to
the nominated candidate Anita Sagaria in the last
General Assembly Election, 2019.
10. All sets of the original nomination papers in
Form-2B along with affidavit in Form-26,
Oath/Affirmation Form, Form-A and Form-B, Caste
Certificate, Receipt showing security deposit and
other accompanying documents of Kumuda Chandra
Saunta filed before the Returning Officer of 141-
Laxmipur (ST) Assembly Constituency in the last
General Assembly Election, 2019.
11. Original checklist of documents in
connection with filing of nomination with respect to
the nominated candidate Kumuda Chandra Saunta
in the last General Assembly Election, 2019.
12. All sets of the original nomination papers in
Form-2B along with affidavit in Form-26,
Oath/Affirmation Form, Form-A and Form-B, Caste
Certificate, Receipt showing security deposit and
other accompanying documents of Bangaru Majhi
filed before the Returning Officer of 141-Laxmipur
(ST) Assembly Constituency in the last General
Assembly Election, 2019.
13. Original checklist of documents in
connection with filing of nomination with respect to
the nominated candidate Bangaru Majhi in the last
General Assembly Election, 2019.
14. Notice of Nominations in Form 3A notified by
the Returning Officer of 141-Laxmipur (ST) Assembly
Constituency under Rule-7 of the Conduct of
Elections Rules, 1961 read with Section 35 of the
Representation of the People Act, 1951 from
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18.03.2019 to 25.03.2019 (both days inclusive) with
respect to last General Assembly Election, 2019.
15. List of validly nominated candidates in
Form-4 notified by the Returning Officer of 141-
Laxmipur (ST) Assembly Constituency under Rule-8
of the Conduct of Elections Rules, 1961 read with
Sub-Section (8) of Section 36 of the Representation of
the People Act, 1951 with respect to last General
Assembly Election, 2019.
16. List of contesting candidates in Form-7A
notified by the Returning Officer of 141-Laxmipur
(ST) Assembly Constituency under Sub-Rule (1) of
Rule-10 of the Conduct of Elections Rules, 1961 read
with Sub-Section (1) of Section 38 of the
Representation of the People Act, 1951 with respect
to last General Assembly Election, 2019.
17. List of EVMs disclosing Control Units (CU)
numbers and Balloting Units (BU) numbers and
VVPATs numbers after second randomization of
EVMs and VVPATs allocated to respective 223
numbers of Polling Stations of 141-Laxmipur (ST)
Assembly Constituency in the last General Assembly
Election, 2019.
18. Original Form 17C Part-I i.e. "Accounts of
Votes Recorded prepared and submitted by the
respective Presiding Officers of all the respective 223
numbers of Polling Stations of 141-Laxmipur (ST)
Assembly Constituency in the last General Assembly
Election, 2019.
19. Original "Mock Poll Certificate" prepared and
submitted by the respective Presiding Officers of all
the respective 223 numbers of Polling Stations of
141-Laxmipur (ST) Assembly Constituency in the last
General Assembly Election, 2019.
20. Contents of the Electoral Rolls of all the 223
numbers of Polling Stations of 141-Laxmipur (ST)
Assembly Constituency on basis of which the last
General Assembly Election, 2019 was conducted.
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21. Original Form 17C Part-II i.e. "Result of
Counting" prepared and submitted by the respective
Counting Supervisors of 141-Laxmipur (ST) Assembly
Constituency in the last General Assembly Election,
2019.
22. Original Round-wise Tabulation Sheet
prepared in course of counting of votes with respect
to 141-Laxmipur (ST) Assembly Constituency in the
last General Assembly Election, 2019.
23. Original Certificate of the Returning Officer
with respect to verification of paper slips of VVPATs
of randomly selected Polling Stations in connection
with counting of votes of 141-Laxmipur (ST)
Assembly Constituency in the last General Assembly
Election, 2019.
24. Original application filed by Kailash Chandra
Kulesika on 24.05.2019 before the Returning Officer
of 141-Laxmipur (ST) Assembly Constituency for
counting of votes.
25. Written reply dated 24.05.2019 of the
Returning Officer of 141-Laxmipur (ST) Assembly
Constituency to Kailash Chandra Kulesika rejecting
his application for recounting.
26. Original Form-20 Part-I i.e. "Final Result
Sheet" notified by the Returning Officer of 141-
Laxmipur (ST) Assembly Constituency in the last
General Assembly Election, 2019.
27. Original Form-20 Part-I i.e. "Final Result
Sheet" with respect to 141-Laxmipur (ST) Assembly
Constituency segment under 21-Koraput
Parliamentary Constituency notified by the Returning
Officer of 21-Koraput Parliamentary Constituency in
the last General Parliament Election, 2019.
28. List of Presiding Officers with their names
and designations who were deployed at all the 223
numbers of Polling Stations of 141-Laxmipur (ST)
Assembly Constituency in the last General Assembly
Election, 2019.
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29. List of Counting Supervisors with their
names and designations who were deployed for
counting of votes polled in 141-Laxmipur (ST)
Assembly Constituency in the last General Assembly
Election, 2019.
30. "Hand Book of Returning Officers" published
by the Election Commission of India in February,
2019 vide Document 23 Edition-1 and issued to the
Returning Officer of 141-Laxmipur (ST) Assembly
Constituency by the Election Commission of India or
by the Chief Electoral Officer, Odisha for purpose of
conducting the last General Assembly Election, 2019.
Similarly the District Election Officer-cum-
Collector & District Magistrate, Koraput and the
Returning Officer of 143-Jeypore (General) Assembly
Constituency-cum-Assistant Sub-Collector, Jeypore are
directed to submit the following documents in original
with the Registrar (Judicial) of this Court by
17.02.2020.
"All sets of the original nomination papers in
Form-2B along with affidavit in Form-26,
Oath/Affirmation Form, Form-A and Form-B, Caste
Certificate, Receipt showing security deposit and
other accompanying documents of Krushna Chandra
Sagaria filed before the Returning Officer of 143-
Jeypore (General) Assembly Constituency in the last
General Assembly Election, 2019."
Similarly the Tahasildar, Nabarangpur is
directed to submit the following documents in original
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with the Registrar (Judicial) of this Court by
17.02.2020.
"Office copy of the letter No.43 dated
28.12.2015 of the Public Information Officer, O/o.
the Tahasildar, Nabarangpur in connection with
submission of re-enquiry report dated 31.10.2014 by
the Tahasildar, Nabarangpur about birth caste and
religion of Mandakini Bhatra along with all
enclosures."
The Superintendent of Police, Nabarangpur
and the Sub-Divisional Police Officer, Nabarangpur are
directed to submit the following documents in original
with the Registrar (Judicial) of this Court by
17.02.2020.
"Enquiry report dated 02.04.2013 of the
Sub-Divisional Police Officer, Nabarangpur
pertaining to obtaining fake caste certificate by
Mandakini Bhatra submitted to the Superintendent
of Police, Nabarangpur."
Learned State Counsel be served copy of this
order to ensure the production of above before the
Registrar (Judicial) of this Court by 17.02.2020.
Upon production of the documents by the
respective authorities, the Registrar (Judicial) shall keep
the same in sealed condition and shall produce before
the Court as and when directed.
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List of documents and list of witnesses shall
also be filed by both the parties by 17.02.2020.
List this matter on 24.02.2020. In the
meantime both the parties are directed to apply for
certified copy of documents they desire. The Registrar
(Judicial) shall see the grant of certified copy of such
document.
Free copy of this order be handed over to Sri
Sahu, learned Addl. Standing Counsel who shall ensure
for production of all the documents.
So far as EVMs and VVPATs of the 141-
Laxmipur (ST) Assembly Constituency is concerned, the
custodian of such items/instruments is directed to keep
the EVMs and VVPATs used for the purpose of election
for the 141-Laxmipur (ST) Assembly Constituency in
sealed condition until further orders. .
..............................
Biswanath Rath, J.
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