IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.404 of 2026 Smt. Tahera Bibi …. Appellant -Versus-

Sebati Bhoi and others …. Respondents Advocates appeared in this case:

For Petitioner : Mr. Gokulananda Sahu, Advocate For Opp. Parties : Mr. Sanjay Rath, Addl. Government Advocate (For State-opposite parties)

CORAM:

HON’BLE THE CHIEF JUSTICE AND HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

J U D G M E N T

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Date of Hearing and Judgment : 16th March, 2026 --------------------------------------------------------------------------------

HARISH TANDON, CJ.

1. The instant appeal arises from a judgment dated 13^th February, 2026 passed by the single Bench in W.P.(C) No.6730 of

2024 by which, the writ petition is dismissed.

2. The appellant approached the writ Court challenging the legality and the correctness of the judgment rendered in Election Misc. Case No.16 of 2022 solely on the ground that the same was filed beyond the statutory period of limitation provided under Section 31 of the Odisha Grama Panchayats Act, 1964 and the delay so condoned is improper and not in accordance with law. The said Election Misc. Case was filed assailing an order disqualifying the respondent No.1 herein under Section 25 (1) (v) of the said Act on the ground of perversity. The said Election Misc. Case was accompanying an application for condonation of delay, which is permissible under the second proviso to sub-section (1) of Section 31 of the said Act. The forum constituted for entertaining and/or deciding such Election Misc. Case under the said Act proceeded to consider the application for condonation of delay and in fact, allowed the same, but the said order was never assailed by the appellant while contesting the said Election Misc. Case on merit. After the final order is passed in the said Election Misc. Case, the election appeal was preferred before the learned Additional District and Sessions Judge, Patnagarh, but there does not appear any ground to have been taken pertaining to the condonation of delay. The said appeal was decided on merit and after the final disposal thereof, the same was challenged in the writ petition.

3. The tenet of the impugned judgment would indicate that the entire argument was revolving around the order passed by the forum at the first instance in condoning the delay in presentation of an application under Section 31 of the said Act. The writ Court proceeded to dismiss the said writ petition on the ground that it was open to the appellant to challenge the order condoning the delay after the same was passed and having not done so, at a later point of time, is denuded from raising such issue. It is further held that since the plea of limitation was never taken nor any challenge was made immediately after securing the presence, it is not open to the appellant to take such plea.

4. Our attention is drawn to the judgment rendered by the first appellate forum wherefrom it appears that the appellant did not make any pleading regarding the point of limitation in the written statement filed before the trial court. Despite the same, the forum of the first instance framed a separate issue relating to limitation and dealt with the same by returning its finding thereupon with the positivity that the circumstances which prevented the presentation of the said application within the stipulated period of time justifies the condonation of delay.

5. Learned counsel for the appellant relies upon a division Bench decision of this Court in Maina Tandia v. Election Officer- cum-BDO, 2008 (I) OLR 364 i.e. the condonation of delay is made ex-parte without affording an opportunity of hearing to the other side, then in that event the said order needs interference. In the said case, the order of the appellate authority was challenged in the writ petition and the same was disposed of relegating the parties to exhaust the statutory remedy provided in the said statute. The High Court directed