Prahallad Sabar vs The Matter Is Taken Up Through ...
2023 Latest Caselaw 14423 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 16-Nov-2023 16:50:52


                                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                      W.P.(C) No.36119 of 2023

                                 Prahallad Sabar                              ....         Petitioner
                                                                         Mr.P.Acharya, Sr.Advocate
                                                                  -versus-

                                 Shantilal Sabar & Ors.                      ....        Opp.Parties
                                                                       Mr.M.Kanungo, Sr.Advocate
                                                                   Mr.K.K.Das, ASC for O.P. 2 to 4

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                            ORDER

13.11.2023 Order No.

01. 1. The matter is taken up through Hybrid mode.

2. Heard Mr.Acharya, learned Senior Counsel for the Petitioner, Mr.Kanungo, learned Senior Counsel for the Opposite Party No.1, who enters appearance by filing V.Nama and Mr.Das, learned ASC for the State-Opposite Parties.

3. The Petitioner was the elected Sarpanch of Gandamer GP in the district of Nuapada and has been disqualified as such by the judgment of learned Civil Judge, Junior Division, Nuapada in Election Petition No. 07 of 2022. The same was challenged in the appeal before learned District Judge, Nuapada in Election Appeal No. 05 of 2023. During pendency of the appeal, the interim prayer of the Petitioner for stay of the order of learned Civil Judge, Nuapada was refused under Annexure-4 which gives rise filing of present writ petition.

4. Upon hearing all the parties and keeping in view pendency of the appeal before the learned District Judge,

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-Nov-2023 16:50:52

Nuapada, it is felt apposite to dispose of the writ petition at this stage instead of keeping the same pending, with a direction to learned District Judge, Nuapada to dispose of Election Appeal No. 05 of 2023 in accordance with law, within a period of four months from the date of receipt of certified copy of this order.

5. In the mean time, the vacancy in the office of Sarpanch of Gandamer GP in the district of Nuapada shall not be filled up till disposal of the appeal by learned District Judge, Nuapada.

6. Accordingly, the Writ Petition is disposed of.

(B.P. Routray) Judge S.Das