TARA PRASAD PATTANAIK Vs. REGISTRAR CUM CHIEF ELECTORAL

JUDGEMENT

(1.) POSTPONEMENT of election to the Managing Committee of the Orissa Co -operative Housing Corporation Limited by the Election Officer is the subject -matter of challenge in this writ application, inter alia, on the ground that in view of Section 28 -B of the Orissa Co -operative Societies Act, the election -process of a Society once started shall not be held up. The election to the Society had been scheduled to be held on 25 -7 -1994 and the nominations were to be filed on 6 -7 -1994. On the very day when the nominations were to be obtained the Election Office! passed an order directing not to entertain nomination papers. The petitioners, therefore, have approached this Court. - -

(2.) A counter affidavit has been filed by the very Election Officer indicating therein that as he was suddenly attacked with fever, from the evening of 5lh July, 1994 and on the next morning, that is, on 6 -7 -1994 he became senseless, it was not practically possible to come to the office on the -date fixed for receiving nominations and that is the reason for which the election was postponed until further orders. It is further stated that in accordance with Rule 37(1) of the Orissa Co -operative Societies (Election to the Committee) Rules, 1992, he has reported the matter to the Chief Electoral Officer on 13 -7 -1994 and he was waiting the decision of the Chief Electoral Officer to proceed with the election.

(3.) IN the aforesaid circumstances, after hearing the learned counsel for the petitioners and the learned Additional Government Advocate for the opposite parties, we direct that the election to the Society in question may be concluded within three weeks from today starting from the stage where it has been illegally held up by the orders of the Election Officer. The Election Officer who is present in Court is directed to approach the Chief Electoral Officer forthwith who shall fix up the date of filing of nominations as well as the date of scrutiny and hold election if it is so necessary and conclude the election process within three weeks from today as ordered earlier. A copy of our order be handed over to the learned Additional Government Advocate for onward transmission to the Chief Electoral Officer for necessary action. Ordered : Election process to continue and to be concluded.