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Birendra Das vs State Of Odisha And Others

Orissa High Court · Decided on 22 November 2021 · Citation: (2021) 11 OHC CK 0137

HON’BLE JUDGES
Dr. S. Muralidhar, CJ · A.K. Mohapatra, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 35365 Of 2021
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Judgment

8 paragraphs · 385 words
1.

An affidavit has been filed by the Under Secretary to Government, Panchyati Raj and Drinking Water Department, Odisha enclosing the orders issued on 8th, 15th and 16th November, 2021 by the State Election Commission (SEC) regarding preparation of the electoral roll and general instructions regarding appointment of Counting Agents holding of polling and orders concerning expenditure to be made by a candidate contesting to the post of Member, Zilla Parishad and Member, Panchayat Samiti as such.

2.

Mr. Dalai, learned counsel appearing for the Petitioner submits that in terms of the proposed time schedule, it is only the preparation of electoral roll that will be completed by 14th December, 2021 and that time for holding elections in terms of the order dated 8th November 2021 for Gram Panchyat, Panchayat Samiti and Zilla Parishad would be 10th March 2022, 11th March 2022 and 12th March 2022 respectively. Reliance is also placed on the decision of the Supreme Court of India dated 12th March 2021 in Civil Appeal No.881 of 2021 (State of Goa v. Fouziya Imtiaz Shaikh) to contend that since the election schedule is yet to be announced there is no bar in terms of Article 243-O of the Constitution of India for this Court to entertain the present writ petition which challenges the notification dated 1st October 2021 issued by the SEC announcing guidelines for reservations to the Office of the Member and Chairperson of Panchayati Raj Institutions (PRI) for the general election to the PRI to be held in 2022.

3.

Mr. Budhadev Routray, learned Senior Advocate appearing for the SEC on advance notice states that he may be served a copy of the petition so that he can seek instructions of the SEC specific to the prayer made in the present petition.

4.

A copy of the present petition be served on Mr. Routray, learned Senior Advocate today itself. The SEC will file an affidavit specific to the issue raised in the petition before the next date.

5.

The Court makes it clear that it has not yet expressed any view regarding maintainability of the present petition and permits the parties to advance arguments in that regard on the next date.

6.

List on 20th December, 2021.

7.

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

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