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Orissa High CourtWP(C)/38526/2021dismissed

Satrughna Jena v. The Chief Election Commissioner,Odisha

2022-01-03Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC NO.38526 OF 2021 Satrughna Jena ....

Petitioner Mr.S.C.Acharya, Advocate -versusChief Election Commissioner, Bhubaneswar & ors.

....

Opposite Parties Mr.U.K.Sahoo, ASC

CORAM:

JUSTICE BISWANATH RATH

ORDER

3.1.2022 01.

1.

The Writ Petition involves the following prayer :- Order No.

"It is, therefore, prayed that this Hon'ble Court would graciously be pleased to admit the application, issue rule NISI calling upon the opp. Parties to show cause; and after hearing the counsel of the parties may graciously be pleased allow the same thereby issuing a writ more particularly in the nature of MANDAMUS to reserve the electoral seat of Member of Zilla Parishad, Sanakhemundi-I under Sanakhemundi block of Ganjam District for ST category in pursuance to Annexure-1, for the interest of justice and equity. During last 4 elections the seat was unreserved in 2002, for ST community in 2007, for OBC in 2012 & for SC in 2017. Surprisingly the opp.parties again unreserved the post for forthcoming election, 2022 is a betrayal to the Scheduled Tribe community.."

2.

Undisputedly, there is final publication of the reservation aspect. Presently Notification on the scheduled Election is awaited only. Keeping in view the development and the situation at present,

// 2 // this Court finds, there is no scope for considering the aspect involved herein.

3.

The Writ Petition thus stands dismissed. The Issue raised here however if advised may be raised before the next Election. (Biswanath Rath) Judge M.K.Rout