Birendra Keshari Arukha v. Registrar Co-Operative Societies, Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 29197 OF 2022 Birendra Keshari Arukha ....

Petitioner Mr. Gopal Krishna Nayak, Advocate -versusRegistrar, Co-operative Societies, Bhubaneswar and others ....

Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

04.11.2022 1.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition seeks to assail the order dated 12th October, 2022 (Annexure-7) passed by the Election Officer, Aska Central Co-operative Bank Ltd., Aska rejecting the nomination of the Petitioner in respect of Constituency No.11.

3.

It is submitted by Mr. Nayak, learned counsel for the Petitioner that as the post of Presiding Officer of the State Cooperative Tribunal is vacant, the Petitioner is not in a position to move the election dispute before learned Tribunal. Thus, this writ petition has been filed challenging the illegal rejection of nomination of the Petitioner.

4.

Considering the fact that the schedule date of election has already been over and the Petitioner has not yet filed any

// 2 // election dispute before learned Tribunal, I am not inclined to entertain the writ petition. The Petitioner may, if so advised, may file an election dispute before learned Tribunal and thereafter, may move this Court, if cause of action arises. 5.

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