DEBENDRANATH SAHOO Vs. STATE

JUDGEMENT

(1.) As facts involved and questions raised in both the writ petitions are same, both were heard analogously on 12.07.2013 and are taken up for disposal by this common judgment.

(2.) Rabi Narayan Senapati, I.A.S. (opposite party no.3 in both the writ petitions) retired on superannuation from the post of Development Commissioner on 30.11.2012. Vide notification dated 16.02.2013 issued by the Government of Odisha in Co-operation Department by order of His Excellency the Governor (Annexure-1 in W.P.(C)(P.I.L.) No.4839 of 2013 and Annexure-4 in W.P.(C) No.4451 of 2013), he was appointed as State Co-operative Election Commissioner, Odisha for a period of five years from the date of his appointment or he attains the age of 65 years whichever is earlier.

(3.) Debendranath Sahoo claiming himself to be a Co-operator involved in different Co-operative Movement for long years filed W.P.(C) No.4451 of 2013 and Biswajit Parida claiming himself to be a public spirited person interested in development and upliftment of the State, who has participated in several Co-operative Movements for farmers besides his profession as an advocate filed W.P.(C) (P.I.L.) No.4839 of 2013 challenging the appointment of Sri Rabi Narayan Senapati as State Cooperative Election Commissioner.