Orissa High Court
Baijayantimala Sahu vs State Of Odisha & Others .... Opp. ... on 8 December, 2021
Author: Biswajit Mohanty
Bench: Biswajit Mohanty
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.38454 of 2021
Baijayantimala Sahu .... Petitioner
Mr. S.K. Mishra,
Advocate
-versus-
State of Odisha & others .... Opp. Parties
Mr. R.P. Mohapatra,
Additional Government Advocate
CORAM:
JUSTICE BISWAJIT MOHANTY
ORDER
Order No. 08.12.2021
01. This matter is taken up through video conferencing mode.
Heard learned counsel for the petitioner and Mr. Mohapatra, learned Additional Government Advocate.
According to the learned counsel for the petitioner, the petitioner is aggrieved by reserving the Office of Ward Member in Ward No.16 of Sraniketa Grama Panchayat falling in the district of Kandhamal in favour of Scheduled Tribe category instead of reserving the same for BCC (Woman) category on the ground that such reservation violates the principle of rotation and the provisions of Grama Panchayats Act, 1964 and Rules made thereunder. Mr. Mohapatra, learned Addl. Government Advocate submits that for redressal of such grievances, the petitioner should have approached the Collector, Kandhamal (opposite party No.2) instead of rushing to this Court.
In such background, learned counsel for the petitioner submits that liberty may be granted to the petitioner to approach the Collector, Kandhamal (opposite party No.2) for // 2 // redressal of her grievances by filing a grievance petition and further prays that a direction be issued to the said opposite party to take a decision on the same within a specific time period.
Considering the submissions made and without expressing any opinion on the merits of the case, this Court grants liberty to the petitioner to file a grievance petition before the Collector, Kandhamal (opposite party No.2) within a week along with a copy of this order. In the event such grievance petition is filed, the opposite party No.2 is directed to take a decision on the same in accordance with law within a period of two weeks from the date of receipt of such grievance petition by passing a reasoned order after giving reasonable opportunity of hearing to the petitioner. In case the Collector, Kandhamal comes to a conclusion which is in variance with the final list published under Annexure-3 in respect of the Ward Member in Ward No.6 of Sraniketa Grama Panchayat, he is directed to communicate the same to State Election Commission, Odisha (opposite party No.4).
The writ petition is accordingly disposed of. Urgent certified copy of the order be granted on proper application.
Prasant ( Biswajit Mohanty)
Judge
Page 2 of 2