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 : 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 : AIR1957Ori159
P. V. B. Rao, J. 1. These two applications under Article 226 of the Constitution raise common questions of law, are heard together and are disposed of by this judgment. 2. O. J. C. No. 211 of 1956, filed on 4-4-56, is an application by the petitioners for issue of a Writ in the nature of quo warranto against opposite party Nos. 1 to 3 who have been elected as Fellows of the Utkal University from the registered graduates constituency, the result of which has been published under notification No. A. A/C-25343-(S. E.) /55 dated the 22nd February 1956 in Orissa Gazette dated 9-3-1956 under the authority of opposite party No. 4, the Vice-chancellor Utkal University as the returning officer, as opposite party Nos. 1 to 3 have no valid authority to hold the office of the Fellows of the Utkal University and for issue of a Writ in the nature of Mandamus against opposite party Nos. 4 and 5, the Vice Chancellor and the Registrar respectively of the Utkal University for quashing the election of op...
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori121
Jagannadhadas, C.J.1. This is an application under Article 226 of the Constitution by the petitioner who is the proprietor of Madhupur Estate in Cuttack district, against the State of Orissa and the Court of Wards of the Orissa State, as well as against the Deputy Collector in charge of the Wards Estate. The State Government by virtue of the powers conferred on it under Section 16, Orissa Court of Wards Act, 1947, issued notification No. 9876/R dated the 7th December 1951, in the Revenue Department declaring the petitioner a disqualified proprietor under Section 10 (f) (iv) of the said Act and published the same in the Orissa Gazette in accordance with the provision of Section 21 of the Act. The Court of Wards assumed superintendence of the Madhupur Estate by virtue of the said notification on the 8th December 1951. Since then, the Estate has been under the management of the Court of Wards. The petitioner has accordingly come forward with this application dated the 5th March 1952, chal...
Tag this Judgment!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...
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