Orissa High Court
Susanta Das vs State Of Odisha & Ors on 7 February, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.1937 of 2023
Susanta Das .... Petitioner(s)
Miss D. Mahapatra,
Advocate
-versus-
State of Odisha & Ors. .... Opposite Party(s)
Mr. S. Ghose,
Addl. Govt. Adv.
Mr. G. Mukherji,
Sr. Advocate
CORAM:
JUSTICE BISWANATH RATH
ORDER
07.02.2023
Order No.
03 1. This writ petition involves the following relief:-
"It is therefore, prayed that this Hon'ble
Court may graciously be pleased to:
(i) Issue Rule Nisi in the nature of writ of
mandamus and/or any other appropriate writ/writs,
order/orders, direction/directions, calling upon the
opposite parties to show cause as to why G.P.
Election Misc. Case No.4/2022 [G.P. Misc. (Appeal)
No.4/2022 vide Annexure-3/1] pending in the Court
of the Collector & District Magistrate, Jajpur, shall
not be quashed;
And
(ii) If the opposite parties fail to show cause
and/or show false or insufficient cause, make the
said Rule Nisi absolute;
And
(iii) Pass any other appropriate order/orders,
direction/directions and grant any other relief/reliefs
to which the petitioner is entitled to;
And
(iv) Allow the writ application with cost;"
// 2 //
2. Pleadings and request involved herein involves question; if
there is continuance of G.P. Miscellaneous Appeal No.4 of 2022
before the Collector in the disposal of G.P. Election Petition
No.4/2022 pending before the Civil Judge (Jr. Divn.), Jajpur and
further for there is already decision on the allegation of Opposite
Party herein is disqualified to contest Grama Panchayat Election in
an earlier election dispute?
3. In deciding W.P.(C) No.11270 of 2022, this Court has come
to hold in confirmation of the impugned order at Annexure-5 therein
finally closing the Election Petition No.4 of 2022. There is no
dispute that the election dispute involving the present election is no
more surviving for Petitioner therein did not press the matter and
hence there is no merit disposal of such dispute. But this cannot take
away the proceeding pending before the Collector. Further
adjudication on the selfsame issue in previous proceeding, for the
case at hand involving a new election case pending before the
Collector since will be a major issue, this Court while declining to
entertain such issue at this stage of the matter keeps the issue open,
if agitated and canvassed the Collector shall do well also involving
such issue in the ultimate disposal of the dispute pending before it
and with opportunity to party to the pending proceeding.
4. Thus while declining to entertain this writ petition, this
Court in the process directs both the parties to appear before the
Collector & District Magistrate, Jajpur in the proceeding pending
with him along with a certified copy of the judgment passed in
W.P.(C) No.11270 of 2022 and also a certified copy of this order on
27.02.2023. Parties likely to be affected may also submit their
desired response and the Collector & District Magistrate, Jajpur is
directed to conclude the proceeding at least within a period of three
months from the date of appearance of the parties. In the process this
// 3 //
Court also vacates the interim order dated 31.01.2023 staying the
further proceeding in G.P. Election Misc. Case No.4/2022 (G.P.
Misc. (Appeal No.4/2022).
5. This writ petition stands disposed of with the above order.
(Biswanath Rath)
Judge
Ayaskanta Jena
