Orissa High Court
Biswaranjan Mohanty vs State Of Odisha And Others on 13 February, 2025
Bench: Arindam Sinha, M.S. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. Nos.365 and 366 of 2025
Biswaranjan Mohanty .... Appellant
Represented By Adv. -
Mr. Budhadev Routray, Sr. Advocate
Mr. Ashok Kumar Parija, Sr. Advocate
Mr. Milan Kanungo, Sr. Advocate
Mr. P.K. Rath, Sr. Advocate
-versus-
State of Odisha and others .... Respondents
Represented By Adv. -
Mr. Bimbisara Dash, AGA
Miss A. Dash, ASC
Mr. Goutam Mishra, Sr. Advocate
(for intervener)
CORAM:
THE HON'BLE MR. JUSTICE ARINDAM SINHA,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE M.S. SAHOO
ORDER
13.02.2025
W.A. no.365 of 2025 and I.A. no.1002 of 2025 and
W.A. no.366 of 2025 and I.A. no.1003 of 2025
Order No.
01. 1. Learned senior advocates, led by Mr. Routray, learned
senior advocate appear on behalf of appellant in both appeals. Mr.
Routray submits, his client is aggrieved by judgment dated
8th January, 2025 of the learned single Judge dismissing his
challenge to his disqualification.
2. Miss Dash, learned advocate, Additional Standing Counsel
appears on behalf of State and prays for adjournment on
submission, learned Advocate General will argue. He not being in
Court, the appeals be adjourned to Monday or Tuesday as per
convenience of Court.
3. Mr. Mishra, learned senior advocate appears and submits,
his client had applied for intervening in the writ petition. He was
present all through. Though his application for intervention was not
formally allowed, his client nevertheless lodged caveat. He requires
service. Mr. Routray causes service of the appeal papers on Mr.
Mishra. The caveat is discharged.
4. Mr. Routray opposes the prayer for adjournment. He
submits, steps will be taken to frustrate his client's contention and
claim in the appeals. He seeks status quo be directed in event
adjournment is granted. Miss Dash opposes any interim order being
made on reliance of letter dated 5th February, 2025 written by the
General Manager to the Secretary, State Cooperative Election
Commission. Two paragraphs from the letter are reproduced below.
"In light of the above, you are requested to take
the necessary steps to conduct an election at the earliest
to fill the vacant post of Chairman from among the
existing 20 Directors of the Committee of Management of
the Odisha Cooperative Housing Corporation Ltd.
This is submitted for your kind information and
necessary action."
5. On query made submission on behalf of appellant is, there
was interim order staying the suspension, passed by the learned
single Judge. It was extended but vacated by impugned judgment.
Miss Dash lays emphasis, it was the suspension order. Same was
followed by disqualification.
6. In view of aforesaid two paragraphs from letter dated
5th February, 2025 indicating that necessary action for conducting
election was sought as on that date, we direct status quo be
maintained till next date of hearing.
7. List appeals on 17th February, 2025 under heading 'Fresh
Admission'.
(Arindam Sinha)
Acting Chief Justice
(M.S. Sahoo)
Jyostna
