Court : Orissa
Reported in : AIR1952Ori359
Das, C.J. 1. This is an application by the Petitioner who is a nominated fellow of the Utkal University, made under Article 226 of the Constitution for the issue of a writ in the nature of Quo Warranto as against the Vice-Chancellor and certain fellows of the Utkal University, challenging the election of some of them to the Senate of the University in the following circumstances :2. The application arises out of the requirement in Section 12 of the Utkal University Act, which provides for the compulsory retirement of one-fifth of the elected Fellows of the Senate in rotation at the end of each year. The names of the persons who have to be retired are determined by the process of balloting, to be conducted by the Vice-Chancellor, as provided in the Statutes framed by the Senate under the University Act. The names of those persons who were to retire by the end of December, 1952, were in fact determined by the process of balloting carried out by the then Vice-Chancellor. Thereupon a fresh...
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori221; 54(1982)CLT265
ORDERJ.K. Mohanty, J. 1. This petition has been filed by Shri Mayadhar Nayak. the unsuccessful candidate who contested the election to the Orissa Legislative Assembly from 23-Sukinda Assembly constituency in Cuttack District. The election was held on 31-5-1980. The petitioner stood as a candidate of S. U. C. I. party and secured 15,718 votes while the third respondent Sarat Rout, who stood on Congress (1) ticket, was declared elected securing 22,640 votes. The other candidates, namely, Prafulla Chandra Gharei (respondent No. 2), Sarat Chandra Patra (respondent No. 4), Sarangdhar Muduli (respondent No. 5). Haladhar Dhir (respondent No. 6) and Hrushikesh Rout (respondent No. 7) secured 8385, 3603, 630, 434 and 1957 votes respectively. The total number of valid votes polled was 53,367. 2. According to the petitioner, the nominations to fill up the seal from 23-Sukinda Assembly constituency were invited by the Returning Officer, Jajpur, on the basis of notification (Ext. 4) issued by the G...
Tag this Judgment!Court : Orissa
1.The petitioner, in Election Petition No.4 of 2009 challenges the declaration of result dated 16.05.2009 declaring the sole Respondent, Ramesh Rout, to have been elected as Member of the Orissa Legislative Assembly from 89-Athagarh Assembly Constituency on the ground that rejection of his nomination by the Returning Officer is illegal and improper. He has prayed to: i) declare the election of the respondent to be void;ii) declare that a casual vacancy has been created so far as it relates to 89-Athagarh Assembly Constituency andiii) Direct the appropriate authority to conduct election with respect of 89-Athagarh Assembly Constituency within the time specified/prescribed under law and other ancillary reliefs.In Election Petition No.6 of 2009, Rabindra Nath Rout has also challenged the said election on the same ground substantially with the same prayer. So, both the election petitions were heard analogously and as such a common judgment is passed there under.2. The schedule of election ...
Tag this Judgment!Court : Orissa
Reported in : 95(2003)CLT299; 2003(I)OLR336
P.K. Balasubramanyan, C.J.1. As per notification dated 10.1.2002, the State Election Commission, Orissa called upon all the Grama Panchayats in the State to elect Ward Members and Sarpanches for the purpose of constituting the Grama Panchayats. The said notification also set down the schedule of election from the commencement of the issue of the notice by the Election Officer under Rule 24 of the Orissa Grama Panchayats Election Rules, 1965 till publication of the name of the duly elected Naib Sarpanch. What is relevant for our purpose is to note that 22.1.2002, was fixed as the date for scrutiny of nominations under Rule 29 of the Orissa Grama Panchayats Election Rules, (hereinafter referred to as the 'Rules') and 23 1.2002 was fixed as the date for publication of the list of the validly nominated candidates under Rule 32(1) of the Rules. Withdrawal had to be done by 25.1.2002, and publication of the final list of contesting candidates was to be published on 25.1.2002. The declaration...
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori26
S.P. Mohapatra, J.1. This miscellaneous appeal is by the appellant Jagannath Dalai under the provisions of the Representation of the People Act, 3.951 (hereinafter called the Act), against the order dated 25-9-1957 of Mr. P. K. Kaul, Sole Member, Election Tribunal, Bhubaneswar. The Appellant,as a matter of extra caution, has filed O. J. C. No. 175 of 1957 under Articles 226 and 227 of the Constitution, which arises out of the same order.Both the matters were heard together and will be covered by this Judgment. The two matters were heard by a Bench of this Court, and as my learned brothers differed in their opinion on points of law appearing in the separate judgment of each of my learned brothers, the matter has been referred to me under Clause 28 of the Letters Patent as well as under Chapter III, Rule 5 and Chapter XIV, Rule 8 of the Orissa High Court Rules.2. The facts have been exhaustively narrated in each of the judgments of my learned brothers and it would not servo any useful pu...
Tag this Judgment!Court : Orissa
Reported in : AIR1997Ori60
ORDERR.K. Patra, J.1. In this petition, election of respondent No. 1 from 105 -- Boudh Assembly Constituency to the Orissa Legislative Assembly is under challenge.2. General election to the Orissa Legislative Assembly took place in the month of March, 1995. Polling for the constituency in question took place on 9-3-1995. The petitioner contested the ejection as Congress candidate with the symbol 'Hand'. Respondent No. 1 was a candidate of the Janata Dal with the symbol 'Chakra'. Respondents 2 to 9 filed their nominations as candidates from different political parties and/or as independent candidates. Counting of votes took place on 11-3-1995. The petitioner secured 41,932 valid votes in his favour whereas respondent No. 1 got 44,423 valid votes in his favour. As respondent No. 1 secured the highest number of votes, he was declared elected. Being feltaggrieved by such declaration, the petitioner has filed the present petition praying to:--(i) order inspection, scrutiny and recount of al...
Tag this Judgment!Court : Orissa
Reported in : 1971CriLJ742
ORDERS.K. Ray, J.1. This is an application for quashing proceedings of the Certificate Officer of Boudh in Certificate Case No. III-8/65 in which bv order dated 10-4-67 the said Certificate Officer has found | the petitioner to be liable to be committed Under Section 478 Cr.PC for an offence Under Section 228 IPC. and that he has also committed contempt of court by casting aspersions on the Certificate Officer to his integrity and judiciousness.2. The background of this proceeding may be briefly stated. The petitioner is the Commercial Tax Officer. Ganjam II Circle, Bhanianagar. He assessed one Bhagaban Panda of Bhagiabahal to sales tax in exercise of his powers as Sales Tax Officer under the provisions of the Orissa Sales Tax Act of 1947. The assessee having defaulted to pay the tax, recourse was taken to certificate procedure under the Orissa Public Demands Recovery Act for realisation of the same. The requisition was sent Under Section 4 of the Orissa Public Demands Recovery Act of ...
Tag this Judgment!Court : Orissa
Reported in : AIR2001Ori24
ORDERCh. P.K. Misra, J.1. In this Election Petition, petitioner Ananga Udaya Singh Deo has challenged the election of Respondent No. 1 Ranga Nath Mishra, and respondent No. 3 Manmath Nath Das, as Members of Council of States (hereinafter referred to as 'Rajya Sabha') in the election held on 18th June, 1998.2. Brief facts of the case are as follows :--The President of India issued a notification, which was published in the Gazette of India on 30-5-1998, calling upon the Members of the Electoral College of some of the States to elect Members to the Rajya Sabha in accordance with the provisions of the Representation of the People Act, 1951 (for short 'the Act'). Pursuant to the aforesaid Presidential Notification, the Election Commission by its notification dated 30-5-1998 called upon the elected Members of the Orissa Legislative Assembly to elect three Members to the Rajya Sabha. In consultation with the Government of Orissa, the Election Commission also issued another notification appoi...
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori260
P.V.B. Rao, J. 1. The appellant Raghunath Misra of Banpur files this appeal against the judgment of the Election Tribunal (Shri T. V. Rao, District. Judge, Puri) dismissing his application under Section 81 of the Representation of the People Act, 1951 (hereinafter called the Act) for declaring void the election to the Orissa Legislative Assembly of Raja Bahadur Kishore Chandra Deo Bhanj o Daspalla, respondent No. 1, from the Daspalla double-member constituency in which a seat is reserved for the scheduled caste candidate.2. The general seat was contested by respondent No. 1 Raja Bahadur of Daspalla, respondent No. 3 Shri Durga Madhab Deo and the appellant. The reserved seat was contested by Shri Sridhar Naik (respondent No. 2), Iswar Naik, Manguli Sethi and Basudeb Naik. The last three persons were not added as parties to the application as they were not necessary parties for the reason that they contested the reserved seat and the election of respondent No. 2, Shri Sridhar Naik to the...
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori184
ORDERS.K. Ray, J. 1. The respondent, Smt. Nandini Satpathy, was elected as a member of the Orissa Legislative Assembly in a by-election from the Cuttack City Assembly Constituency. The polling in this Constituency took place on 26-11-1972. On 10-1-1973, which was the last date under the law for the presentation of an election petition, Shri Ajit Prasad Narayan Singh, alleging himself to be an 'elector' of the aforesaid Constituency presented or filed the election petition in question challenging the election of the respondent on the- ground, inter alia, that the respondent has herself committed various corrupt practices or has connived at commission of such corrupt practices by other persons. Till 19-6-1973, this petition was being dealt with by the Chief Justice who settled the Issues and some interim matters and on 28-6-1973, he passed the following order:-- 'Put up three weeks after when a judge will be selected for trying the election case. All these interim matters will be put up ...
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