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Orissa High Court

Sananda Meher vs Election Officer on 24 February, 2023

Author: M.S. Raman

Bench: M.S. Raman

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.A. No. 352 of 2023

             Sananda Meher                                 ....       Appellant
                                            Mr. Digambara Mishra, Advocate
                                         -versus-
             Election Officer, Odisha State           ....      Respondents
             Handloom Weavers Cooperative
             Society Limited (Boyanika) and others
                                   Mr. Debakanta Mohanty, A.G.A. for State
                                   Mr. S.S. Das, Senior Advocate assisted by
                 Mr. Bhabani Prasad Pradhan, Advocate for Respondent No.2
                               Mr. H.M. Dhal, Advocate for Respondent No.5

                         CORAM:
                         THE CHIEF JUSTICE
                         JUSTICE M.S. RAMAN
                                           ORDER

Order No. 24.02.2023

01. 1. Challenging the acceptance of the nomination paper of Respondent No.2, the Appellant had filed a writ petition which, all learned counsels appearing for all the parties agree, was heard by the learned Single Judge on 17th February, 2023 and an order was pronounced at around 5.25 pm that day by the learned Single Judge to the effect that the writ petition of the present Appellant stands dismissed and that the judgment would follow. Again all counsel agree that till date the said judgment has not been uploaded and, therefore, is not available to any of the parties.

2. The present writ appeal has been filed nevertheless because the date of polling is 26th February, 2023 which happens to be a Sunday and the result is also expected to be announced on the same day.

3. Learned counsel appearing for the Appellant pleads that the result should be put on hold since otherwise the writ appeal might be rendered infructuous. Learned counsel appearing for Respondent No.2, on the other hand, relies on the judgment of the Division Bench in Sri Sulabh Charan Samal v. State of Orissa 2008 (Supp.- I) OLR- 687 to urge that till the result is in fact announced, the occasion for the Appellant to question any of the decisions at the various stages of the election process does not arise.

4. This Court is unable to further examine the appeal in the absence of the impugned order of the learned Single Judge containing the reasons for the dismissal of the Appellant's writ petition and yet, with the polling process slated for 26th February, 2023 and in view of the prevailing legal position that cannot be interdicted at this stage.

5. List on 27th February, 2023 at 2 pm. If by that time, the result is announced, it will be subject to the outcome of the writ appeal.

(Dr. S. Muralidhar) Chief Justice (M.S. Raman) Judge S. Behera Page 2 of 2