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2020 Supreme(Ori) 85

MOHAMMAD RAFIQ, SAVITRI RATHO
Rajiv Kumar Parida – Appellant
Versus
State of Odisha – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. S.P. Mishra, P.K. Rath, S.K. Behera, P. Nayak, S. Das, S. Rath.
For the Respondents: Mr. Ashok Kumar Parija, Mrs. Suman Patnaik, Mr. D.P. Dhal, Mr. B.S. Das Parida, S.K. Dash, S. Mohapatra, K. Mohanty, M.K. Agarwala.

JUDGMENT :

MOHAMMAD RAFIQ, J.

1. Appellant Rajiv Kumar Parida seeks to challenge the judgment dated 17.02.2020 passed by the learned Single Judge by which the writ petition filed by Smt. Manjubala Pradhan-respondent no. 7, was allowed and the order of her suspension dated 26.09.2019 as the Sarpanch of Kotsahi Gram Panchayat, was quashed and set aside.

2. The case set up by respondent No. 7 in the writ petition was that she was elected as Sarpanch of Kotsahi Gram Panchayat by defeating the wife of the present appellant-Rajiv Kumar Parida in the year 2017. Sri Rajiv Kumar Parida, opposite party no. 7 in the Writ Petition bearing WP (C) No. 1523 of 2020, filed a complaint before the authorities including the Collector and District Magistrate, Balasore, making certain allegations against the respondent no. 7-writ petitioner. The Collector and District Magistrate, Balasore entrusted the matter to the District Panchayat Officer, Balasore, opposite party no. 4, for enquiry. When the matter was pending with the District Panchayat Officer, the present appellant-Rajiv Kumar Parida filed a writ petition, bearing WP (C) No. 23538 of 2017, before this Court, which was disposed of with a direction

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