Orissa High Court
Prasanta Kumar Mallick vs State Of Odisha & Ors. .... Opp. Parties on 4 March, 2024
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.4261 of 2024
Prasanta Kumar Mallick .... Petitioner
Ms. B. K. Pattanaik, Adv.
-versus-
State of Odisha & Ors. .... Opp. Parties
Mr. Sonak Mishra, ASC
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order ORDER
No. 04.03.2024
02. 1. This matter is taken up through hybrid arrangement.
2. The Petitioner has filed this Writ Petition with a prayer to quash the valid and invalid list of candidates issued on 19.02.2024 under Annexure-5 and to declare the status report of candidates after withdrawal of nominations dated 21.02.2024 issued by the Opposite Party No.4/ Returning Officer-cum-Dy. Superintendent, DIV, Kandhamal, Phulbani as well as to direct the Opposite Parties to allow the Petitioner to participate in the election for the Post of Vice President of Havildar, Constable and Sepoy Kandhamal Branch association, Kandhamal.
Signature Not VerifiedDigitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: High Court of Orissa Cuttack Date: 05-Mar-2024 11:15:57 Page 1 of 4 // 2 //
3. As the tenure of the office bearers was completed, the superintendent of Police, Kandhamal-cum-Chief Election Officer of Havildar and Constable Association District Branch issued a notification dated 08.02.2024 for election of the Association for the Post of President, Vice President, Secretary, Asst. Secretary, Treasurer and Members was to be held on 27.02.2024. As per the said notification, the issue of nomination form and presentation of nomination form was fixed to 18.02.2024. In response to the said notification, eligible candidates including the Petitioner had filed their nomination forms on 18.02.2024 for the Post of Vice President.
4. As per schedule, nomination paper was to be scrutinized on 19.02.2024 and publication of list of valid nominated candidates was to be published on 21.02.2024. Accordingly, nomination paper was scrutinized on 19.02.2024. The nomination of the Petitioner was rejected on the plea that wrong designation has been mentioned in nomination form at Sl. No.16.
5. Being aggrieved, the Petitioner had filed a representation before the Opposite Party No.3/Chief Election Officer-cum-Superintendent of Police, Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Kandhamal. However, without considering the Designation: P.A. Reason: Authentication Location: High Court of Orissa Cuttack Date: 05-Mar-2024 11:15:57 Page 2 of 4 // 3 // representation of the Petitioner, final list was published notifying the Post of Vice President as uncontested. Therefore, the Petitioner is constrained to file this Writ Petition.
6. Learned counsel for the Petitioner submits that the Opposite Party No.4/Returning Officer-cum-Dy. Superintendent, DIV, Kandhamal, Phulbani has rejected his nomination form on the ground of "wrong designation filled in the nomination form". She further submits that the Petitioner is holding the Post of Driver Havildar/60 but filled the nomination form as Havildar/60. She also submits that there are some other candidates who have also submitted their nomination forms with wrong designation and their nomination has not yet been rejected. She alleges that in order to declare one candidate elected uncontested for the Post of Vice President, the Petitioner's nomination paper has been rejected on a flimsy ground.
7. Pursuant to order dated 26.02.2024, the original nomination papers is produced by the Opposite Party No.4/Returning Officer-cum-Dy. Superintendent, DIV, Kandhamal, Phulbani before this Court. Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: High Court of Orissa Cuttack Date: 05-Mar-2024 11:15:57 Page 3 of 4 // 4 //
8. Upon perusal of the original nomination papers, this Court is of the opinion that the present Petitioner has not written his proper designation in the nomination form. In fact, he has not written the proper word 'Havildar' in the nomination paper. Hence, the nomination paper filed by the Petitioner was found to be invalid by the Opposite Party No.4/Returning Officer-cum- Dy. Superintendent, DIV, Kandhamal, Phulbani. Accordingly, this Court does not find any merit in the submission of learned counsel for the Petitioner.
9. In such view of the matter, the interim order dated 26.02.2024 passed by this Court is vacated and the Opposite Party No.3/Chief Election Officer-cum- Superintendent of Police, Kandhamal is directed to re- schedule the date of election at the earliest possible.
10. Accordingly, the Writ Petition is dismissed.
11. The original nomination papers produced before this Court is handed over to the Opposite Party No.4/Returning Officer-cum-Dy. Superintendent, DIV, Kandhamal, Phulbani.
(Dr. S.K. Panigrahi)
Signature Not Verified
Digitally Signed Judge
Signed by: LITARAM MURMU
Designation: P.A.
Reason: Authentication
Murmu
Location: High Court of Orissa Cuttack Date: 05-Mar-2024 11:15:57 Page 4 of 4