Maguni Charan Nayak v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC NO.498 OF 2022 Maguni Charan Nayak & ors.
....
Petitioners Mr.P.Mohanty, Sr.Adv.
-versusState of Odisha & ors.
....
Opposite Party(s) Mr.A.K.Parija, learned A.G.
Mr.S.P.Panda, AGA B.Routray, Sr.Adv.
a
CORAM:
JUSTICE BISWANATH RATH Order No.
ORDER
10.1.2022 01.
1.
This matter is taken up through video conference mode. 2.
Heard Mr.P.K.Mohanty, learned Senior Counsel being assisted by Mr.P.Mohanty, learned counsel for the Petitioners, Mr.A.K.Parija, learned Advocate General being assisted by Mr.S.P.Panda, learned Additional Government Advocate for the State and Mr.B.Routray, learned senior counsel appearing for the State Election Commissioner. 3.
The Writ Petition involves the following prayer :- "It is therefore prayed that this Hon'ble Court be graciously be pleased to issue rule Nisi, in the nature of writ of MANDAMUS and/or any other appropriate writ/writs, direction/directions and order/orders, calling upon the Opp.Parties to show cause as to why the O.P.No.2 shall not be commanded to consider the objection with such grievances of the petitioners, dtd.3.1.2022, vide Annexure-4 with proper perspective, in the context of law, and with reasons, if necessary by giving opportunities of hearing to the petitioners, within a particular time, and before making the final notifications/notice, reserving the seats for the offices of the Sarapanchs, Panchayat Samiti Members and Chairpersons for the District, Blocks/PSs and GPs of the petitioners.."
// 2 // 4.
The Challenge involving the Writ Petition appears to be, the Competent Authority is proceeding in the Election of Grama Panchayat and Panchayat Samiti without consideration of the representation of the Petitioners available at Annexure-4. Considering the above allegation, the matter was adjourned to today with direction to the learned Additional Government Advocate.
5.
Mr.S.P.Panda, learned Additional Government Advocate on instruction submitted that the final publication of Reservation List has been made on 7.1.2022 (Gazette Notification under Section 13 of the OGP Act on 8.1.2022) only after consideration of the representation of the Petitioners and there is already attempt to communicate the outcome to the Petitioners involved.
6.
In the circumstance, this Court finds, the issue, if any, subsists is required to be adjudicated in appropriate proceeding but only involving the outcome in the representation of the Petitioners. Let a copy of the decision taken on the representation of the Petitioners under Annexure4 be communicated to the Petitioners involved herein. It is at this stage of the matter, Mr.Mohanty, learned counsel for the Petitioners seeks liberty for withdrawal of the Writ Petition to approach under a fresh attempt.
7.
The Writ Petition thus stands disposed of as withdrawn but with the liberty as prayed for.
8.
As restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the Parties may utilize a print out of the
// 3 // order available in the High Court's Website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587 dated 25th March, 2020 as modified by Court's Memo No.492(100) dated 7.1.2022. (Biswanath Rath) Judge M.K.Rout