Rajeswari Senapati vs State Of Orissa And Others
2023 Latest Caselaw 3310 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.A. No. 486 of 2023

            Rajeswari Senapati                           ....           Appellant
                                       Mr. Santosh Kumar Nanda, Advocate
                                        -versus-
            State of Orissa and others               ....      Respondents
                                                   Mr. Debakanta Mohanty
                                  Additional Government Advocate for State

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE G. SATAPATHY

                                          ORDER

Order No. 12.04.2023

01. 1. It is argued by learned counsel appearing for the Appellant that in the instant case, when the Collector, Kalahandi entertained a petition dated 7th June, 2022 of Respondent No.4 challenging the election of the present Appellant as Sarpanch of the Saplahara Gram Panchayat (GP), Block- Karlamunda, PS- M. Rampur, District- Kalahandi, he was not doing it in exercise of his 'suo motu power' under Section 26(2) of the Orissa Gram Panchayat Act, 1964 (OGP Act) but was actually entertaining a petition from a person who was not entitled to file a complaint in terms of Section 26(1) of the OGP Act.

2. It is on this basis that it was contented first before the Collector and then before the learned Single Judge that the said petition was itself not maintainable. Counsel for the Appellant further submits that although the learned Single Judge has in the impugned order relied on the judgment of the Full Bench of this Court in Debaki Jani v. The Collector 2014(I) OLR (FB)-867, that decision dealt

with only the 'suo motu powers' of the Collector and not a situation like the present one where the interference was at the instance of an 'outsider' and not the Collector acting 'suo motu'.

3. Issue notice. Mr. Debakanta Mohanty, learned Additional Government Advocate accepts notice on behalf of Respondent Nos.1, 2 & 3. Since he accepts notice, let required number of copies of the writ appeal be served on him within three working days.

4. Notice will now be issued to Respondent No.4 through Registered/Speed Post with A.D., making it returnable before the next date, requisites for which shall be filed within three working days. The tracking report be placed on record before the next date.

5. List on 22nd June, 2023.

I.A. No.1207 of 2023

6. Till the next date, there shall be stay of further proceedings in G.P. Case No.5 of 2022 which is stated to be pending before the Collector-cum-District Magistrate, Kalahandi.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge S. Behera