Writ petition challenging appointment as Presiding Officer for election duty. Court declined to intervene in Election Commission's domain, granting liberty to approach appropriate forum. Petition disposed with no effective order.
Liberty granted to move appropriate forum. Writ petition disposed of.
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W.P.(C) No. 7893 of 2019
The petitioner has filed this application seeking to quash the letter dated 02.04.2019 in Annexure-2 appointing him as Presiding Officer for conduct of General Election, 2019.
Mr. P.K. Panda, learned counsel for the petitioner contended that due to personal difficulties, more particularly his wife is suffering and bed ridden, the petitioner does not want to go for election duty and therefore approached this Court by filing the present application not to give effect of the order dated 02.04.2019 in Annexure-2.
Mr. B. Mohanty, learned Standing Counsel for School and Mass Education Department contended that since it is within the domain of the election commission, the petitioner has to move the appropriate forum in accordance with law.
Considering the contention raised by learned counsel for the parties and after going through the records, since the petitioner was appointed on election duty and the same is regulated by the Election Commission of India, this Court is not inclined to entertain this application. However, liberty is granted to the petitioner to move the appropriate forum in accordance with law.
With the aforesaid liberty, the writ petition stands disposed of.
…………….…………… (DR. B.R. SARANGI) JUDGE
Ashok
2 issues framed by the court
Whether this Court can intervene in an appointment made by the Election Commission of India.
Whether the petitioner can be excused from election duty due to personal difficulties.
Petitioner
School and Mass Education Department
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
