Balaram Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 14681 of 2022 Balaram Jena ....

Petitioner Mr. J. Behera, Advocate -Versus - State of Odisha and others ....

Opposite Parties Mr. S. Nayak, 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 has filed this writ petition with the following prayer:- "(i) to make correction final voter list under Annexure-1 before the Election of Lathipada Service Co-operative Society Ltd. which is going to be held on 19.06.2022.

(ii) to deserve the seat of SC candidate in ward No.11 of Lathipada Service Co-Operative Societies Ltd as because in that ward, there is no member available under SC Category.

And, may pass any other order/orders as may deem fit and proper;

And, for this act of kindness, the petitioner shall as in duty bound every pray."

4.

It is submitted by learned counsel for the petitioner that the

Election Officer of Lathipada Service Co-operative Society Ltd. published a final voter list without following the procedure for conduct of elections in the Odisha Co-operative Societies Act, 1962 including Rule 49-C of Odisha Co-Operative Societies Rules. Therefore, the petitioner filed a representation on 06.06.2022 before the Election Officer enclosed as Annexure-2.

5.

Mr. S. Nayak, learned Additional Standing Counsel for the State submits that since ventilating his grievances, the petitioner has already approached the Election Officer by submitting a representation, 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. 5 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