Susanta Das vs State Of Odisha

Biswanath Rath, J

This writ petition involves the following relief:-

“It is therefore, prayed that this Hon’ble Court may graciously be pleased to:

(i) Issue Rule Nisi in the nature of writ of mandamus and/or any other appropriate writ/writs, order/orders, direction/directions, calling upon the opposite parties to show cause as to why G.P. Election Misc. Case No.4/2022 [G.P. Misc. (Appeal) No.4/2022 vide Annexure-3/1] pending in the Court of the Collector & District Magistrate, Jajpur, shall not be quashed;

And

(ii) If the opposite parties fail to show cause and/or show false or insufficient cause, make the said Rule Nisi absolute;

And

(iii) Pass any other appropriate order/orders, direction/directions and grant any other relief/reliefs to which the petitioner is entitled to;

And

(iv) Allow the writ application with cost;”

Pleadings and request involved herein involves question; if there is continuance of G.P. Miscellaneous Appeal No.4 of 2022 before the Collector in the disposal of G.P. Election Petition No.4/2022 pending before the Civil Judge (Jr. Divn.), Jajpur and further for there is already decision on the allegation of Opposite Party herein is disqualified to contest Grama Panchayat Election in an earlier election dispute?

In deciding W.P.(C) No.11270 of 2022, this Court has come to hold in confirmation of the impugned order at Annexure-5 therein finally closing the Election Petition No.4 of 2022. There is no dispute that the election dispute involving the present election is no more surviving for Petitioner therein did not press the matter and hence there is no merit disposal of such dispute. But this cannot take away the proceeding pending before the Collector. Further adjudication on the selfsame issue in previous proceeding, for the case at hand involving a new election case pending before the Collector since will be a major issue, this Court while declining to entertain such issue at this stage of the matter keeps the issue open, if agitated and canvassed the Collector shall do well also involving such issue in the ultimate disposal of the dispute pending before it and with opportunity to party to the pending proceeding.

Thus while declining to entertain this writ petition, this Court in the process directs both the parties to appear before the Collector & District Magistrate, Jajpur in the proceeding pending with him along with a certified copy of the judgment passed in W.P.(C) No.11270 of 2022 and also a certified copy of this order on 27.02.2023. Parties likely to be affected may also submit their desired response and the Collector & District Magistrate, Jajpur is directed to conclude the proceeding at least within a period of three months from the date of appearance of the parties. In the process this Court also vacates the interim order dated 31.01.2023 staying the further proceeding in G.P. Election Misc. Case No.4/2022 (G.P. Misc. (Appeal No.4/2022).

This writ petition stands disposed of with the above order.

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