Gitanjali Pati vs State Of Odisha & Ors
2022 Latest Caselaw 2760 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  W.P.(C) No.12439 of 2022

            Gitanjali Pati                      .....                      Petitioner
                                                              Mr.S.D.Das, Sr. Advocate
                                                                           assistedby
                                                              Mr.M.M.Swain, Advocate


                                             - Versus-

            State of Odisha & Ors.              .....                 Opposite parties
                                                                   Mr.U.K.Sahoo, ASC.



                             CORAM:
                                 JUSTICE BISWANATH RATH

                                            ORDER

20.05.2022

Order No. 1. Heard learned counsel appearing for the parties.

2. Even though it is argued that there is delay of 15 days in filing the Election Misc. Case No.100 of 2022, on perusal of records, it is observed there is also delay of three days. This Court here finds there is material support explaining the delay in filing the application for condonation of delay. It is submitted on the premises that even in case of single day delay, there must be evidence adduced in support of the medical support taken therein. Even though this Court finds there is obstruction in filing the Election Misc. Case with condonation of delay even after expiry of the period of filing under the statute, considering the citation in the case of Maharagu Naik -Versus- Civil Judge, Senior Division-cum- Election Commissioner, Boudh & Ors., 2006 (Supp.-1) OLR 908, this Court is inclined to issue notice to the opposite parties on the question of admission.

3. Since opposite party nos.1, 2 and 3 will be represented by the learned State Counsel, three extra copies of the writ petition be served on the learned State Counsel within a period of three working days.

4. Notice be issued to the opposite party no.4 by speed post/registered post with A.D. fixing a short returnable date requisites for which shall be filed within the aforesaid time.

5. Put up this matter immediately after appearance of private opposite party.

(Biswanath Rath) Judge

"

ORDER 20.05.2022 I.A.No.6535 of 2022

Order No. 1. Issue notice as above.

2. Accept one set of process fee.

3. As an interim measure, it is directed that Election Misc. Case No.100/2022 pending on the file of Civil Judge (Senior Division), Bhadrak may continue but there shall be no final judgment without leave of the Court.

(Biswanath Rath) Judge