MINATI DAS Vs. BICHITRA PARIDA

JUDGEMENT

(1.) HEARD learned counsel for the parties. This writ petition has been filed challenging the order dated 26.02.2013, passed by the learned District Judge, Bhadrak, in Election Misc. Case No. 79 of 2012, rejecting the application of the petitioner filed under Section 151 C.P.C. for stay of the proceeding in Election Misc. Case No. 86 of 2012, pending before the learned Civil Judge (Sr. Division), Bhadrak.

(2.) THE case of the present petitioner is that election for the post of Panchayat Samiti Member of Balimunda Gram Panchayat in the district of Bhadrak was held on 19.02.2012. The present petitioner was declared elected. Being aggrieved, opposite party No. 2 filed Election Misc. Case No. 86 of 2012 before the learned Civil Judge (Sr. Division), Bhadrak, under Section 44A of the Odisha Panchayat Samiti Act, 1959. Subsequently, opposite party No. 1 challenged the election of the petitioner by filing an application under Section 45B of the Act before the learned District Judge, Bhadrak, which was registered as Election Misc. Case No. 79 of 2012. As both the proceedings before the learned Civil Judge as well as before the learned District Judge, relates to the validity of the election of the petitioner as Member of Panchayat Samiti, he filed an application before the learned Civil Judge (Sr. Division), Bhadrak, in Election Misc. Case No. 86 of 2012, for stay of the proceeding till disposal of the proceeding initiated under Section 45B of the Act before the learned District Judge, Bhadrak. The same having been rejected, the petitioner moved this Court in W.P. (C) No. 950 of 2013, which was disposed of by order dated 15.01.2013, giving liberty to the petitioner to file application before the learned District Judge, in Election Misc. Case No. 79 of 2012, for stay of further proceeding of Misc. Case No. 86 of 2012, pending before the learned Civil Judge.

(3.) LEARNED counsel for the petitioner submits that both the proceedings involves common issue relating to disqualification of the petitioner as Member of Panchayat Samiti and therefore one of the proceeding should be stayed, as otherwise there will be conflict of decisions. In this regard, learned counsel for the petitioner has relied upon a Division Bench decision of this Court in the case of Sabitri Das and another Vs. Saraswati Barik and others, : 2003 (Supp.) OLR 78, where in a near similar case, this Court had directed stay of further proceeding in the election case pending before the learned Civil Judge.