Rajesh Kumar Mahakud vs State Of Odisha And Others .... Opposite ...
2025 Latest Caselaw 10489 Ori

Orissa High Court

Rajesh Kumar Mahakud vs State Of Odisha And Others .... Opposite ... on 26 November, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.P.(C) No.1504 of 2023
            Rajesh Kumar Mahakud                       ....           Petitioner
                                                      Mr. A. Mishra, Advocate
                                          -Versus-
            State of Odisha and others                 ....    Opposite Parties
                                                             Ms. B. Dash, ASC
                                                     Mr. R. N. Parija, Advocate

                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK
                                     ORDER

Order No.                           26.11.2025
   12.      1.      Heard learned counsels for the respective parties.

2. Instant writ petition is filed by the petitioner challenging the impugned order dated 6th December, 2022 passed in connection with Election Misc. Case No.5 of 2022 initiated under Section 34 of Odisha Zila Parishad Act, 1991 on the grounds stated therein.

3. Perused the impugned order at Annexure-9, whereby, it has been concluded by the learned Court below that the proceeding is not maintainable as for the petitioner is having no locus standi being a defeated candidate and since not a member of the Zila Parishad. Also perused the counter filed by opposite party No.6. State has not filed any reply. Recorded the submissions of Mr. Parija, learned counsel for opposite party No.6 and Ms. Dash, learned ASC for the State.

4. In course of hearing, it is brought to the notice of the Court by Mr. Parija, learned counsel for opposite party No.6 that the petitioner had filed an election dispute in Election Misc. Case No.01 of 2022 and it was dismissed by a judgment vide Annexure-A/6 to the counter.

5. As per Section 34 of the Odisha Zila Parishad Act, it is stipulated therein that any member of Parishad may move an application for a determination on disqualification, which shall be entertained by the District Judge having jurisdiction over the place where the office of the Parishad is situated. In so far as, the case at hand is concerned, the petitioner is a defeated candidate and not a member of the Parishad and since, he had challenged the election by raising a dispute vide Election Misc. Case No.01 of 2022 and it was dismissed, considering the submissions of learned counsel for the respective parties with reference to Section 34 of the said Act, the Court reaches at a conclusion that no wrong or any error has been committed by the learned Court below concluding that the application thereunder is not maintainable. The Court finds no merit in the plea of the petitioner challenging the impugned order i.e. Annexure-9.

6. In view of the above, the writ petition stands dismissed.

Digitally Signed                                                                Judge

             Rojina SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: OHC, CTC
Date: 27-Nov-2025 17:05:59