MAHENDRA KUMAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This matter is taken up through Hybrid mode.

(2.) Petitioner in this writ petition seeks to assail the order dtd. 25/11/2022 (Annexure-3) passed by the Election Officer, Chilika Fisheries Central Cooperative Societies, Balugaon (for short, "the Society"), whereby he upheld the nomination of Opposite Party No.3 for the post of President of the Society ignoring that he has acquired disqualification under Sec. 28 (3)(p) of the Cooperative Societies Act, 1962 (for short, "the Act").

(3.) It is submitted by Mr. Sharma, learned counsel for the Petitioner that both the Petitioner as well as Opposite Party No.3 has submitted their nominations for the post of President of the Society. As per the schedule of the election, the Petitioner has submitted an objection with regard to disqualification of Opposite Party No.3, as he has three children as on the cut-off date. Without issuing any notice to the Petitioner to have his say and without verifying the records, the Election Officer of the Society rejected the objection of the Petitioner vide order under Annexure-3 and declared the nomination of Opposite Party No.3 to be valid.