HIGH COURT OF ORISSA
BISWANATH RATH, J
SAJEDA KHANAM – Appellant
Versus
STATE OF ODISHA – Respondent
WP(C)/779/2022
Objections to the Electoral Roll must be filed within the prescribed timeline.
Headnote:
ELECTION LAW - FINAL PUBLICATION OF ELECTORAL ROLL - OBJECTION - TIMELINE
Fact of the Case:
The petitioner alleged that the final publication of the Electoral Roll was done without considering her objection.
Finding of the Court:
The court found that the petitioner's objection was filed after the deadline of 23.11.2021.
Issues: Whether the petitioner's objection was filed within the prescribed timeline.
Ratio Decidendi: Any objection to the Electoral Roll must be filed within the prescribed timeline.
Final Decision: The court dismissed the writ petition.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C).No.779 of 2022
Sajeda Khanam.
….
Petitioner
Mr.C.K.Pradhan, Advocate
-versus-
State of Odisha & Ors.
….
Opposite Party(s)
Mr.S.Ghose, ASC
Mr.B.Routray, Sr.Advocate
CORAM:
JUSTICE BISWANATH RATH
Order No.
ORDER
12.01.2022
1.
1.
This matter is taken up through Video Conferencing Mode.
2.
Heard learned counsel appearing for the parties.
3.
Petitioner by filing the writ petition on 11.1.2022 alleges that
there has been final publication of the Electoral Roll and without
consideration of the objection of the petitioner. Referring to the
representation at Annexure-7 at page 23of the brief, Mr.Pradhan, learned
counsel for the petitioner claims that there has been final publication in
non-consideration of the request of the petitioner. Looking to the
representation, this Court finds such an objection is filed, as clearly
discloses on the top of the objection herein contained vide Annexure-7
at page 23, on 4.1.2022. Mr.Ghose, learned Additional Standing
Counsel for the State and Mr. Routray, learned Senior Counsel
appearing for the Odisha State Election Commission in one tone submit
that objection so called for was required to be submitted latest by
23.11.2021. For the opinion of this Court any application filed
thereafter had no scope for consideration of the competent authority.
4.
In the circumstance, this Court finds no merit in the writ petition
which is dismissed accordingly.
5.
As restrictions due to resurgence of COVID-19 situation are
continuing, learned counsel for the parties may utilize a printout copy of
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the order available in the High Court’s website, at par with certified
copy, subject to attestation by the concerned advocate, in the manner
prescribed vide Court’s Notice No.4587, dated 25th March, 2020 as
modified by Court’s Notice No.4798, dated 15th April, 2021 and Court’s
Office order circulated vide Memo Nos.514 & 515 dated 7th January,
2022.
(Biswanath Rath)
Judge
Sks