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Orissa High Court

Nabakrushna Danta vs State Of Odisha And Others .... Opposite ... on 28 October, 2022

Author: B. P. Routray

Bench: B. P. Routray

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  WP(C) No.28190 of 2022
                 Nabakrushna Danta                          ....          Petitioner
                                              Mr. Samir Kumar Mishra, Advocate
                                              -versus-
                 State of Odisha and Others                 ....   Opposite Parties
                                         Mr. S.S. Das, Sr. Counsel for O.P. No.6
                 Mr.G.C. Sahu on behalf of Mr. H.M. Dhal, counsel for O.P. No.3
                             Mr. Ajodhya Ranjan Dash, A.G.A. for State - O.Ps.

                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

28.10.2022 Order No.

01. 1. The matter is taken up through hybrid mode.

2. Heard Mr. S.K. Mishra, learned counsel for the Petitioner, Mr. S.S. Das, learned Senior Counsel along with Mr. A.K. Mishra for Opposite Party No.6 and Mr. G.C. Sahu on behalf of Mr. Mr. H.M. Dhal, learned counsel for Opposite Party No.3.

3. Present application is against the order of the Election Officer whereby the objection of the Petitioner regarding disqualification of Opposite Party No.6 has been rejected.

4. All the parties present admit that the process for election of the Members of Balangir District Central Co-operative Bank Limited has already been started. Thus, keeping the provisions contained in Section 28-B and 67-B of the Orissa Cooperative Societies Act, 1962 and the principles rendered by this court in the case of Sri Sulabh Charan Samal and Others v. State of Orissa and Others, 2008 (Supp.-I) OLR 687, the present writ petition is not entertained.

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5. In the result the writ petition is dismissed.

6. However, as prayed by the Petitioner he is at liberty to raise all such questions before the Election Tribunal at appropriate stage.

7. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda Page 2 of 2