ANANTA PRASAD MOHANTY Vs. ELECTION OFFICER OF AYABE, PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD. AND ORS.

JUDGEMENT

(1.) PETITIONER has filed this Writ Petition seeking a direction against the Opp. Party No. 1 to allow his petition for recounting & declare the result of the recounting before proceeding to conclude the election for the President on 4.2.2015. The matter involves in relation to the Co -operative Election concerning AYABE Primary Agricultural Co -operative Society Ltd. Following the election notification by the State Co -operative Election Commissioner, the election for the AYABE Primary Agricultural Co -operative Society Ltd. was held on 18.1.2015. This matter particularly involves the vote casted in respect of Zone No. 8. Petitioner by filing this Writ Petition alleges that since there was defective counting in respect of Zone No. 8 in relation to the Petitioner following the provisions contained under Rule -45 of the Orissa Co -operative Societies (Election to the Committees) Rules, 1992, he has made an application on 18.1.20215 itself requesting the Election Officer for recounting of the votes casted in his favour in respect of Zone No. 8. It is further alleged that on the same day, he had also made a similar complaint to the Election Commissioner. The complaint made to the Election Officer as well as the Election Commission are appearing at Annexures -1 & 2 to the Writ Petition. The Petitioner further alleges that in spite of the complaint & provision being provided under the Election Rules, there is no consideration of his allegations & the Election Officer has already brought out the notification vide Annexure -3 for concluding the election of the President of the Society by 4.2.2015.

(2.) HEARD Learned Counsel for the parties. There is no denial that the vote for Zone No. 8 was conducted on 18.1.2015. It is also a fact, as appearing from the Writ Petition, that the Petitioner has already submitted his complaint following the procedures contained under Rule 45 of the Orissa Co -operative Societies (Election to the Committees) Rules, 1992 to the Election Officer as well as to the Election Commission before proceeding to finalise the vote. It is relevant to take note of provision contained under Rule 45 of aforesaid Rule, 1992 which is quoted herein below: - -

(3.) IN view of urgency in the matter & finding there is shortage of time in between, I direct the Petitioner to serve a copy of this order on the Election Officer for his proceeding in the matter in the light of the direction given hereinabove. Since the order is passed in presence of the Learned Additional Standing Counsel, he is also directed to make necessary communication to the Election Officer in the said regard.