Abinash Lenka v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 15678 OF 2022 Abinash Lenka .....

Petitioner Mr. Binay Kumar Mohanty, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. Suvashish Pattnaik, Additional Government Advocate (For Opp. Party No.1) Mr. H.M. Dhal, Advocate (For State Co-operative Election Commission)

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

27.07.2022 3.

1.

This matter is taken up through hybrid mode.

2.

Mr. H.M. Dhal, learned counsel enters appearance on behalf of State Co-operative Election Commission-Opposite Party No.2 by filing Vakalatnama in Court today, which is taken on record.

3.

This writ petition has been filed assailing the order of Election Officer, Pattamundai PACS in rejecting all the nominations filed by the candidates for election to the post of Committee Members of said PACS and seeking for initiation of election process.

4.

Mr. Dhal, learned counsel for the Election Commission submits that the name of the Petitioner appears at Sl.No.10 of Annexure-4. Hence, he has remedy to assail the same by filing a property constituted election dispute.

5.

As the Petitioner has remedy under Rule 55 of the Orissa Co-operative Societies Rules, 1965 read with Section 67(B) of

// 2 // the Orissa Co-operative Societies Act, 1962, I am not inclined to entertain the writ petition. However, the Petitioner, if so advised, may move the State Co-operative Election Commission to issue fresh notification for election of committee members of Pattamundai PACS.

6.

With the aforesaid observation, this writ petition is disposed of.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge bks