Orissa High Court
Biswaranjan Mohanty vs State Of Odisha And Others on 7 March, 2025
Bench: Arindam Sinha, Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. Nos. 365 and 366 of 2025
Biswaranjan Mohanty ....
Appellant
(Appellant in both the appeals)
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.-
(Respondents in both the appeals)
Mr. Sonak Mishra, Advocate
(Additional Standing Counsel)
Mr. Goutam Mishra, Sr. Advocate
(for intervener)
CORAM:
THE HON'BLE MR. JUSTICE ARINDAM SINHA,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
ORDER
07.03.2025
WA no.365 of 2025 and I.A. nos.1358, 1359 and 1423 of 2025
And
WA no.366 of 2025 and I.A. nos.1360 and 1361 of 2025
Order No.
03.
1. Mr. Routray, learned senior advocate appears on behalf of
appellant in support of two applications. I.A. no.1359 of 2025 carries
prayer for impleading State Cooperative Election Commission,
Odisha and I.A. no.1358 of 2025 carries prayer for interim stay of its
notification dated 5th March, 2025.
2. Mr. Routray submits, there was interim order made on him
having moved writ appeals (W.A. nos.365 and 366 of 2025) on behalf
of his client. The appeals stand preferred against judgment dated 8th
January, 2025 in the writ petition, mentioned in the notification.
Paragraph 6 of order dated 13th February, 2025, made on the appeals
moved is reproduced below.
"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."
He submits, State Cooperative Election Commission, Odisha appears
to have been partially informed of the facts. It is necessary that it be
added as party in the appeal. Also, there be interim stay of the
notification.
3. Mr. Routray submits further, his client has prepared yet
another application. He files it in Court on leave granted. It carries
prayer for adding the election officer as party since, by said
notification dated 5th March, 2025 direction was made on that office.
4. Mr. Mishra, learned advocate, Additional Standing Counsel
appears on behalf of State. Mr. Mishra, learned senior advocate
appears on behalf of applicant-intervener, who was there before the
writ Court and is here in the appeal.
5. The application filed in Court be registered and numbered.
Issue notice on the applications to State Co-operative Election
Commission, Odisha and the election officer as per particulars given
in the applications. Applicant will put in requisites for service. Mr.
Routray submits, his client will put in cost for special messenger.
Such cost be put in by Tuesday (11th March, 2025).
6. List the appeals and applications on 24th March, 2025 under
heading 'Fresh Admission'. There will be interim stay of notification
no.440/SCEC-Election-II-08/2023 dated 5th March, 2025 till next date
of hearing. Also common interim order passed in the appeals will
continue till next date of hearing.
( Arindam Sinha )
Acting Chief Justice
( Sashikanta Mishra )
Judge
Sisira
Jr. Steno Signed by: SISIRA KUMAR BEHERA
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 07-Mar-2025 19:43:33
