Dr. Pabitra Mohan Mallik vs State Of Odisha And Others
2022 Latest Caselaw 2586 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             WP(C) No.4012 of 2022
                             (Through Hybrid mode)

            Dr. Pabitra Mohan Mallik                 ....           Petitioner

                                                    Mr. K. K. Rout, Advocate

                                         -versus-
            State of Odisha and others               ....     Opposite Parties

                                    Mr. P.C. Panda, Addl. Govt. Advocate
                                    Mr. Sukanta Kumar Nayak, Advocate

                     CORAM: JUSTICE ARINDAM SINHA
                                      ORDER

Order No.                            12.05.2022

 05.         1.    Mr. Nayak, learned advocate appears on behalf of

opposite party no.5 and submits, the writ petition is not maintainable on ground in addition to that taken on behalf of opposite party nos.3 and 4. He submits, the election was notified on 1st February, 2022. The process of conducting election commenced by the notification, after which the High Court could not have intervened on petition made under article 226 in the Constitution of India. He relies on judgment of the Supreme Court in Shaji K. Joseph v. V. Viswanath, reported in 2016 (I) CLR (SC)-688, paragraph 14.

2. Mr. Rout, learned advocate appears on behalf of petitioner. Adjournment is granted for Mr. Rout to consider the judgment and make submissions.

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3. List on 17th May, 2022.

(Arindam Sinha) Judge RKS