Kalia Hati Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) NO.4867 OF 2022 Kalia Hati Naik ....

Petitioner Mr.A.P.Bose, Adv.

-versusState of Odisha & ors.

....

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

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

17.2.2022 1.

1.

Heard learned counsel for the Parties.

2.

There is serious allegation in the Writ Petition involving the matter of illegal acceptance of nomination of the Party involved in spite of serious allegation in entertaining such nomination. 3.

Referring to Annexure-8, learned counsel for the Petitioner contended that this complain was not only submitted on the date of scrutiny, i.e., 22.1.2022 but it was also received by the Competent Authority on 22.1.2022, as appearing at Page-89 of the Brief and it is alleged, there is no consideration of the same as of now. 4.

For the opinion of this Court, keeping in view the provision at Clause-7.4 (iv), the Competent Authority is bound to take into account the objection and pass appropriate order in consideration of the same before passing the nomination. It is keeping this in view, as

// 2 // this Writ Petition did not involve any detail in such objection, this Court in disposal of the Writ Petition directs the Competent Authority, O.P.3 to communicate the outcome of the objection of the Petitioner at Annexure-8 at least within seven days of receipt of copy of this order. Dependent on the outcome, the Petitioner may find out the course available.

5.

A free copy of this order be supplied to Mr.Ghose, learned Additional Standing Counsel.

(Biswanath Rath) Judge M.K.Rout