Nirakar Nayak vs Collector-Cum-District Magistrate
2025 Latest Caselaw 5923 Ori

Orissa High Court

Nirakar Nayak vs Collector-Cum-District Magistrate on 17 June, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P. (C) No.14471 of 2025

            Nirakar Nayak                            ....              Petitioner

                                                       Sk.Zafarulla, Advocate
                                         -Versus-
            Collector-cum-District Magistrate, ....            Opposite parties
            Kandhamal & others
                                                           Mr. P.K.Ray, AGA

                      CORAM:
                       MR. JUSTICE R.K. PATTANAIK

                                        ORDER

17.06.2025 Order No.

01. 1. Heard learned counsel for the petitioner and Mr. Ray, learned AGA for the State.

2. Instant writ petition is filed by the petitioner challenging the impugned judgment dated 11th December, 2024 passed in connection with the Election Misc. Case No. 02 of 2022 as at Annexure-1 by learned Civil Judge, (Jr. Division), Phulbani-cum-Election Tribunal, Phulbani confirmed in Election Appeal No. 01 of 2025 vide Annexure-2 of learned District Judge, Phulbani on the grounds stated.

3. The submission of Mr. Zafarulla, learned counsel for the petitioner is that the election of the petitioner as the returned candidate was challenged by one Debasis Bhoi in Election Misc. Case No. 01 of 2025 and the same was dismissed on contest against the petitioner and others. The further submission

is that it was followed by the impugned judgment i.e. Annexure-1 and confirmed vide Annexure-2 by learned District Judge, Phulbani with a conflict in decision disqualifying the petitioner for having more than two children after the cut-off date in view of Section 25(1)(v) of the Odisha Gram Panchayats Act.

4. Considering the facts pleaded on record and submission of Mr. Zafarulla, learned counsel for the petitioner, the Court is inclined to issue notice to the opposite parties. At the same time, the election petitioner, namely, Debasis Bhoi in Election Misc. Case No. 01 of 2022 is directed to be impleaded in the writ petition as one of the opposite parties.

5. Hence, it is ordered.

6. Notice

7. Mr. Ray, learned AGA for the State accepts notice for opposite party Nos.1 & 2.

8. Notices to opposite party Nos. 3 to 5 by Registered Post with AD making it returnable at an early date and for the said purpose, requisites shall be filed by learned counsel for the petitioner within seven days from today.

9. List on 15th July, 2025 for hearing and orders.

(R.K. Pattanaik) Judge

02. 1. Heard.

2. Instant petition is filed by the petitioner for interim orders.

3. A copy of the judgment in Election Misc. Case No. 01 of 2022 is produced in Court at the time of hearing. Considering the decision therein and as the election petition was dismissed filed at the behest of one Debasis Bhoi, this Court, as an interim measure, pending response of the State and reply of others, stays operation of the impugned judgment i.e. Annexure-2 till the next date.

4. List on the date fixed for further orders.

5. Urgent certified copy of this order be issued as per rules.

(R.K. Pattanaik) Judge

kabita