Biswaranjan Jani v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.8632 of 2022 Biswaranjan Jani ....

Petitioner(s) Mr. A.K. Karmi, Advocate -versusState of Orissa & Ors.

....

Opposite Party(s) Mr. S.P. Panda, Addl. Govt. Adv.

CORAM:

JUSTICE BISWANATH RATH

ORDER

07.04.2022 Order No.

01.

1.

A serious allegation is made that even though an application in shape of election dispute involving the recent election is brought before the competent authority on 9.03.2022 for exercising his power U/s.26 of the Odisha Gram Panchayat Act, but filing the writ petition on 5.04.2022 it is alleged that such application is yet to be numbered/registered even. Though this Court declines to enter into the allegation of the Petitioner at this stage, however expresses its displeasure on the aspect of non-registration of the election dispute at the instance of the Petitioner, for the Collector being the competent authority to discharge his duty in exercise of his power U/s.26 of the Odisha Gram Panchayat Act, has a bounden duty not only to register the application, but also to proceed in accordance with law. This Court, in the circumstance, directs, in the event the application at the instance of the Petitioner has not been registered as yet, the same shall be

// 2 // registered immediately and there should be showing of progress involving the election dispute.

2.

The writ petition stands disposed of with the above direction. 3.

Free copy of this order be handed over the learned State Counsel for necessary communication.

(Biswanath Rath) Judge Ayaskanta Jena