LAWS(ORI)-2012-1-29

SUJATARANI PAIEI Vs. STATE ELECTION COMMISSIONER, ODISHA

Decided On January 05, 2012
Sujatarani Paiei Appellant
V/S
State Election Commissioner, Odisha Respondents

JUDGEMENT

(1.) THE petitioner has filed this writ petition challenging the alleged illegal, arbitrary and mala fide action of opposite parties in not considering her prayer for inclusion of her name in the voter list despite her application dated 19.10.2011 under Form 16 submitted before the Competent Authority and direction of this Court dated 15.11.2011 passed in W.P.(C) No.29686 of 2011.

(2.) THIS is the second round litigation initiated by the petitioner by way of filing the present writ petition seeking for issuance of a writ in the nature of mandamus to opposite party No.1 -State Election Commissioner to look into the genuine grievance of the petitioner by adding her name in the fresh Electoral Roll of the village Satrusola under Subalaya Grama Panchayat under Ganjam Block in the district of Ganjam for the ongoing Grama Panchayat Election, urging various facts and legal contentions.

(3.) MR . Asim Amitav Das, learned counsel appearing for the petitioner submits that in view of the aforesaid notification, since the petitioner's name did not find place in the previous electoral roll, she applied for the same under Form -16 (Annexure -2) on 19.10.2011 and approached to opposite party No.4 -Election Officer for inclusion of her name in the voter list. Thereafter, the petitioner ascertained that a mischief has been done by the present Chairperson of Ganjam Block, who is a co -villager of the petitioner and his wife is also an aspirant not only for the post of the Samiti Member, but also the post of Chairperson as the same has been kept reserve for the SEBC Women. Opposite party No.4 -Election Officer, who was working under the Chairman of Ganjam Block, he has prevailed upon him not to accept the application of the petitioner. Therefore, the husband of the petitioner immediately approached the opposite party No.4 -Election Officer on 24.10.2011 and enquired the same. In reply, he came to know that the last date of submission of application was extended again to 29.10.2011 and on request he again submitted another application for inclusion of the name of the petitioner in the Voter List.