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Orissa High CourtWP(C)/3613/2022disposed off

Basmati Munda v. Collector And Dist. Election Officer,Keonjhar

2022-02-04Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC NO.3613 OF 2022 Basmati Munda ....

Petitioner Mr.R.N.Behera, Adv.

-versusCollector & Dist. Election Officer, Keonjhar & ors.

....

Opposite Party(s) Mr.S.Mishra, ASC Mr.B.Routray, Sr.Adv.

CORAM:

JUSTICE BISWANATH RATH

ORDER

4.2.2022 01.

1.

This matter is taken up through video conference mode. Order No.

2.

Heard learned counsel for the Parties.

3.

Considering the submission of the learned counsel for the Petitioner that there is no dispute that the Petitioner's objection, vide Annexure-2 comes after the alleged manipulation for the nomination of the Petitioner is taking place. Considering the nature of allegation, this Court is of the opinion that it is only at the allegation stage and the allegation requires establishing such allegation in appropriate proceeding and may be in the requirement of evidence. In the circumstance, this Court finds, there is no scope for entertaining the

// 2 // representation, vide Annexure-2. Thus this Court declining to entertain the Writ Petition observes, in the event the Petitioner is so advised, she may undertake a criminal proceeding exercise involving the issue involved herein.

4.

The Writ Petition stands disposed of accordingly. 5.

As restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the Parties may utilize a printout of the 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, modified by Notice No.4798 dated 15th April, 2021 and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

(Biswanath Rath) Judge M.K.Rout