Orissa High Court
Akhaya Dalai vs Satyanarayan Rout And Others .... ... on 21 February, 2025
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.5403 of 2025
Akhaya Dalai .... Petitioners
Mr. S.S. Tripathy, Advocate
-Versus-
Satyanarayan Rout and others .... Opposite Parties
Mrs. U. Padhi, ASC
Mr. N.K. Sahu, Advocate for Caveator
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
Order 21.02.2025
No.
01. 1. Heard Mr. Tripathy, learned counsel for the petitioner, Mr.
Sahu, learned counsel for opposite party No.1 and Mrs. Padhi,
learned ASC for State appearing for opposite party Nos.2 and 3.
2. Instant writ petition is filed by the petitioner challenging the
impugned judgment in Election Appeal No.1 of 2025 by learned
District Judge, Puri under Annexure-1 declining to stay Annexure-3
till disposal of the appeal on the grounds stated therein.
3. Mr. Tripathy, learned counsel for the petitioner submits that
Section 38(4) of the Odisha Gram Panchayat Act, 1964 (hereinafter
referred to as 'the Act') prescribes the powers exercisable by the
District Judge having jurisdiction and even to confirm, reverse,
modify and stay the decision under challenge pending disposal of
the appeal, a jurisdiction which has not been invoked in the case at
hand, hence, this writ petition.
4. Recorded the submission of Mrs. Padhi, learned ASC for the
State. Mr. Sahu, learned counsel for opposite party No.1 submits
that in the meantime, Naib Sarpanch has taken over the charge of
Sarpanch later to the decision in Election Misc. Case No.5 of 2022
in view of the order as at Annexure-6 dated 28th January, 2025.
5. Mr. Tripathy, learned counsel for the petitioner submits that
before expiry of the appeal period, Annexure-6 has been passed and
learned court below again declined to stay the impugned decision
of the court of 1st instance. In any view of the matter, as Naib
Sarpanch, on account of the casual vacancy declared, has been in-
charge of the GP in view of Annexure-6, the Court is of the view
that the election to such casual vacancy as has been directed should
be kept in absence till the disposal of Election Appeal No.1 of 2025.
In other words, notwithstanding such powers exercisable under
Section 38(4) of the Act, considering the fact that the election to the
post of Sarpanch has been declared invalid on the premise that the
petitioner has provided false information vis-a-vis assets owned by
him, it would be best served, if such election is withheld till a final
decision is reached at upon disposal of Election Appeal No.1 of
2025.
6. Accordingly, it is ordered.
7. In the result, the writ petition stands disposed of with a
direction not to hold election to the post of Sarpanch of the
concerned GP till disposal of Election Appeal No.1 of 2025. The
Court further directs that the learned District Judge, Puri shall do
well to expedite hearing and ensure disposal of the appeal
preferably within a period of four weeks from the date of receipt of
a copy of this order.
8. Urgent certified copy of this order be issued as per rules.
(R.K. Pattanaik)
Judge
TUDU
