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Cuttack: Refusing to order an interim stay on State Election Commission’s (SEC) on conduct of election to the Cuttack Mayor’s post, the Orissa High Court Thursday sought replies from the state government, SEC and other parties while taking up a PIL challenging the SEC’s notification. The SEC had set the date of election for January 22.
Justice BK Nayak pronounced the order and posted the hearing to January 20.
During Thursday’s hearing, senior advocate Pitambar Acharya on behalf of the SEC had opposed the petition filed by Kanaklata Nayak of Ward No. 21 under Cuttack Municipal Corporation (CMC). Acharya cited that there are three scheduled castes (SC) candidates who are eligible for the top post. If one corporator’s post remains vacant following resignation of Anita Behera from Mayor and corporator’s posts, it would not affect the election process. Since the election process is underway, it is not justifiable on the part of the court to intervene, Acharya added.
According to provisions under Article 243 (Z) (G) of Indian Constitution, court should not interfere in the election process, Acharya told the HC.
The SEC notified for Mayoral poll January 8 following the resignation of Behera over ration card irregularities.
Kanaklata had moved the HC seeking rejection of the SEC’s notification. The petitioner said the notification published by the SEC is ‘unconstitutional’.
The petitioner stated that the Mayor’s post is reserved for women candidates belonging to SC category. Of the 59 wards under CMC, four women candidates of SC category have won the elections in ward no. 21, 39, 45 and 51.
Behera had won the election from Ward No. 21 and subsequently elected as the Mayor. After her resignation, it is clear that a by-election should be conducted. However, without conducting by-election, the SEC published the notification to select the Mayor which is unconstitutional and in violation of guidelines of Orissa Municipal Corporation Act-2003, the petitioner said.
The petitioner urged the court to cancel the notification of the SEC. She further prayed to the court to conduct a by-election in Ward No. 21 before the selection of Mayor’s post.
The petitioner has made SEC, secretary to the commission, director of municipal administration and CMC commissioner parties to the case.
