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Orissa High CourtWP(C)/14604/2022disposed off

Raj Kishor Dandasena v. State Co-Op. Election Commission, Odisha

2022-06-13Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 14604 of 2022 Raj Kishor Dandasena ....

Petitioner Mr. Jayadeba Behera, Advocate -Versus - State Co-Operative Election Commission, Odisha, Bhubaneswar and others ....

Opposite Parties Mr. G.R. Mohapatra, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 13.06.2022 Order No.

1.

This matter is taken up through hybrid mode.

1.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The petitioner's case is that he was declared elected uncontested as member of Larambha Service Co-operative Society, Zone-I on 31.05.2022 with due publication of the result in Form-V by the Election Officer. Subsequently, however, the Election Officer kept the result already published in respect of Zone-I in abeyance.

4.

It is submitted by learned counsel for the petitioner that he was the only candidate for Zone-I as the candidature of the other contestant, namely, Bibhuti Bhusan Sahoo was rejected during scrutiny. It is further submitted that after publication of the result of

the election, the Election Officer could not have passed an order keeping the same in abeyance.

5.

Mr. Mohapatra, learned Additional Standing Counsel for the State submits that ventilating his grievances, the petitioner has already approached the Election Officer by submitting a representation on 04.06.2022 and therefore, it is for the said authority to take a decision at the first instance. 6.

Considering the submissions as above as also keeping in view the fact that the election is fixed to 19th of this month, the writ petition is disposed of with a direction to opposite party No. 4 to take a decision on the representation said to be pending before him by 17th June, 2022 under intimation to the petitioner. 7.

The writ petition is accordingly disposed of. 8.

Urgent certified copy of this order be granted in course of the day.

(Sashikanta Mishra, J.) Vacation Judge B.C. Tudu