Research › Search › Judgment

Orissa High Court · body

2013 DIGILAW 353 (ORI)

MINATI DAS v. BICHITRA PARIDA

2013-08-29

S.C.PARIJA

body2013
JUDGMENT : S.C. Parija, J. - Heard learned counsel for the parties. This writ petition has been filed challenging the order dated 26.02.2013, passed by the learned District Judge, Bhadrak, in Election Misc. Case No. 79 of 2012, rejecting the application of the petitioner filed u/s 151 C.P.C. for stay of the proceeding in Election Misc. Case No. 86 of 2012, pending before the learned Civil Judge (Sr. Division), Bhadrak. 2. The case of the present petitioner is that election for the post of Panchayat Samiti Member of Balimunda Gram Panchayat in the district of Bhadrak was held on 19.02.2012. The present petitioner was declared elected. Being aggrieved, opposite party No. 2 filed Election Misc. Case No. 86 of 2012 before the learned Civil Judge (Sr. Division), Bhadrak, u/s 44A of the Odisha Panchayat Samiti Act, 1959. Subsequently, opposite party No. 1 challenged the election of the petitioner by filing an application u/s 45B of the Act before the learned District Judge, Bhadrak, which was registered as Election Misc. Case No. 79 of 2012. As both the proceedings before the learned Civil Judge as well as before the learned District Judge, relates to the validity of the election of the petitioner as Member of Panchayat Samiti, he filed an application before the learned Civil Judge (Sr. Division), Bhadrak, in Election Misc. Case No. 86 of 2012, for stay of the proceeding till disposal of the proceeding initiated u/s 45B of the Act before the learned District Judge, Bhadrak. The same having been rejected, the petitioner moved this Court in W.P. (C) No. 950 of 2013, which was disposed of by order dated 15.01.2013, giving liberty to the petitioner to file application before the learned District Judge, in Election Misc. Case No. 79 of 2012, for stay of further proceeding of Misc. Case No. 86 of 2012, pending before the learned Civil Judge. 3. Pursuant to order of this Court dated 15.01.2013, the petitioner moved an application before the learned District Judge, Bhadrak, u/s 151 C.P.C. for stay of the proceeding pending before the learned Civil Judge in Election Misc. Case No. 86 of 2012. The said petition having been rejected by the impugned order dated 22.06.2013, the petitioner has approached this Court in the present writ petition. 4. Case No. 86 of 2012. The said petition having been rejected by the impugned order dated 22.06.2013, the petitioner has approached this Court in the present writ petition. 4. Learned counsel for the petitioner submits that both the proceedings involves common issue relating to disqualification of the petitioner as Member of Panchayat Samiti and therefore one of the proceeding should be stayed, as otherwise there will be conflict of decisions. In this regard, learned counsel for the petitioner has relied upon a Division Bench decision of this Court in the case of Sabitri Das and Another Vs. Saraswati Barik and Others where in a near similar case, this Court had directed stay of further proceeding in the election case pending before the learned Civil Judge. 5. Learned counsel for the opposite parties fairly submits that the proceeding u/s 44A of the Act pending before the learned Civil Judge and the subsequent proceeding initiated before the learned District Judge u/s 45B of the Act relates to the dispute regarding disqualification of the petitioner for becoming and continuing as Member of Panchayat Samiti. It is also fairly accepted that if both the proceedings are allowed to continue, there is a possibility of conflict of decisions. 6. Undoubtedly the Legislature in its wisdom has provided two forums to declare the Member of Panchayat Samiti disqualified to continue as such. The enquiry to be conducted by the learned District Judge u/s 45B is in the nature of quasi judicial enquiry and of summary nature, whereas, an election dispute raised before the learned Civil Judge u/s 44A is in the nature of the suit, inasmuch as, the provisions of the CPC and the Evidence Act are made applicable. 7. Considering the submissions made and keeping in view the fact that the two proceedings involves common issue regarding disqualification of the petitioner for becoming and continuing as a Member of the Panchayat Samiti and there is every likelihood of conflict of decisions, if both the proceedings are allowed to continue simultaneously, I feel, the interest of justice would be best served if the proceeding before the learned District Judge, Bhadrak, u/s 45B of the Act, which is in the nature of quasi judicial enquiry, remains stayed, till disposal of the election dispute, pending before the learned Civil Judge. 8. Accordingly, it is directed that the Election Misc. 8. Accordingly, it is directed that the Election Misc. Case No. 79 of 2012, pending before the learned District Judge, Bhadrak, shall remain stayed till disposal of the Election Misc. Case No. 86 of 2012, pending before the learned Civil Judge (Sr. Division), Bhadrak. 9. As the hearing of the election petition is in progress, as has been stated by the learned counsel for the parties, learned Civil Judge is directed to dispose of the same as expeditiously as possible, preferably within a period of three months hence. 10. Writ petition is accordingly disposed of. Issue urgent certified copy as per rules. Final Result : Disposed Off