Sadhu Charan Behera v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.3656 of 2022 Sadhu Charan Behera & Ors.
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Petitioner(s) Ms. P. Mohapatra, Advocate -versusState of Odisha & Ors.
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Opposite Party(s) Mr. S. Ghose, ASC Mr. B. Routray, Sr. Adv. being assisted by Ms. M. Panda, Advocate
CORAM:
JUSTICE BISWANATH RATH
ORDER
09.02.2022 01.
1.
This writ petition involves the following prayer: Order No.
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P R A Y E R In view of the aforesaid facts and under the circumstances of the case, it is respectfully prayed that this Hon'ble Court may graciously be pleased to i) admit the Writ Petition, issue rule NISI calling upon the Opposite Parties to consider the grievance of the Petitioners under Annexure-3 Series and make proper arrangements by deploying adequate police force during the time of Panchayat Election for Ward No.1, 2 & 3 and 4 under Bijapur
// 2 // Panchayat under Mahanga Block on 16th of February, 2022;
ii) to protect Human Rights as well as Fundamental Rights and to ensure safety and security to the life and dignity of the Villagers of Bajapur and nearby villages under Mahanga Police Station to take appropriate steps, during the time of Election Polling for Panchayat election to avoid unpleasant situations may created by some hooligans named under Annexure-1 series and Annexure-2 for Ward no.1, 2, 3 and 4 of Bajapura Panchayat under Mahanga Block, Cuttack.
iii) Pass any such other order(s), direction(s), rule(s) in favour of the Petitioners as would be deemed fit and proper in the eye of law."
2.
This writ petition is filed seeking a direction to the competent authority i.e. the State Election Commission at least to ensure free and fair election in the constituency involved herein by providing adequate security measures.
3.
On perusal of representation submitted on the selfsame issue this Court finds, there is serious allegation requiring a request for maintaining law and order in the conduct of Election. Considering the submission made by the learned counsel for Petitioner and finding the Petitioner has already made a request to the State Election Commission in this regard vide Annexure-3, this Court directs the State Election Commission to look into the grievance of the Petitioner vide Annexure-3 and ensure free and fair election involving the constituency involved herein and if necessary, provide necessary security measures in the said constituency.
4.
Petitioner is directed to serve an authenticated copy of this order alongwith a copy of the writ petition on the State Election Commission by Monday (14th February, 2022).
// 3 // 5.
With the aforesaid direction the writ petition stands disposed of.
(Biswanath Rath) Judge Ayaskanta Jena