Hari Shankar Pujari v. State Co-Op. Election Commission, Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No. 14835 of 2022 Hari Shankar Pujari ....

Petitioner Mr. A.K. Pandey, Advocate - Versus - State Co-operative Election Commission, Odisha, Bhubaneswar and Others ....

Opposite Parties Mr. P. Bharadwaj, ASC

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

13.06.2022 Order No.

1.

This matter is taken up through hybrid mode.

1.

2.

The petitioner claims to have deposited the required fees of Rs.500 in the Balangir District Co-operative Bank for being a member of the Badakarley, PACS. However, he was not treated as member of the society for which he filed an objection before the Election Officer, which was rejected on the ground that he could not produce the original money receipt showing deposit of the membership fees and his name and deposit amount is not reflected in the savings Bank deposit Register of Badkarley, PACS.

3.

Sri A.K. Pandey, learned counsel for the petitioner submits that all necessary proof and evidence are available in the books of the Bank as also the PACS but the Election Officer has not taken parts to verify the originals thereof by calling for the same.

4.

Sri P. Bharadwaj, learned ASC submits that since the election is scheduled to be held on 26.06.2022, necessary inquiry can be made by the Election Officer prior to such date.

5.

Considering the submission as above, the Writ Petition is disposed of granting liberty to the petitioner to approach the Election Officer again by filing a fresh representation, if possible with proof of deposit of the fees relating to his membership application on 17.06.2022. If such an application is filed the Election Officer shall consider and dispose of the same after making due inquiry by 21.06.2022. (Sashikanta Mishra, J) Vacation Judge B. Swain