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Orissa High CourtWP(C)/14836/2022disposed off

Sapan Kumar Tripathy v. State Of Odisha

2022-06-13Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No. 14836 of 2022 Sapan Kumar Tripathy ....

Petitioner Mr. R.N. Biswal, Advocate - Versus - State of Odisha and others ....

Opposite Parties Mr. P. Bharadwaj, ASC

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

17.06.2022 Order No.

1.

This matter is taken up through hybrid mode.

1.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

The petitioner has approached this Court with following prayer:- " In the circumstances and for the ends of justice, it is prayed therefore that your lordships may be graciously pleased to direct the opps by the way of "WRIT OF MANDAMUS" to cancel/reject the candidature of opposite party no.7, which is illegal and arbitrary in nature, for the post of member at Nandahandi LAMPCS Ltd, for the Block of Dongarbheja in the District of Nabarangpur, which is to be held on 19.06.2022."

4. It is submitted that while rejecting his objection, the Election Officer has not conducted proper inquiry regarding the alleged default of loan dues of the society and that if given the opportunity, he can satisfy the Election Officer that no dues are pending against him at present.

5.

Considering the submissions as above and taking into account the fact that the Election is scheduled to be held on 19.06.2022, the Writ Petition is disposed of granting liberty to the petitioner to approach the Election Officer on 18.06.2022 and apprise him appropriately regarding clearance of dues by submitting proper proof thereof. If such an application is filed by the petitioner, the Election Officer shall consider and dispose of the same on 18.06.2022.

6.

The Election Officer, Nandahandi LAMPCS Ltd, Nabarangpur shall act upon a soft copy of this order as uploaded in the Court's website to be produced by the petitioner.

(Sashikanta Mishra, J) Vacation Judge B. Swain