High Court
Case Details
IN THE HIGH C TACK H COURT OF ORISSA AT CUTTACK W.P.(C) .(C) PIL No.13478 of 2024 Sujit Kumar Mallic allick ..... Petitioner Mr. D.K. Ray, A Advocate -versus- 1. State Of Odisha isha um- 2. Collector -cum trate, District Magistrat Jajpur 3. Sub-Collector, J or, Jajpur ..... Opp. Parties Mr. A.K. Nanda, Addl. Govt. Adv nda, Advocate W.P.( .P.(C) No.13575 of 2024 Himansu Sekhar S ar Sahoo ..... Petitioner Mr. P.S. Nayak ak, Advocate -versus- lectoral 1. The Chief Electo Officer, Odisha t Election 2. The District Ele District Officer –cum- Dis jpur Magistrate, Jajpur ..... Opp. Parties
Legal Reasoning
Mr. A.K. Nanda, Addl. Govt. Adv nda, Advocate THE HON HOO HON'BLE MR. JUSTICE S.K.SAHOO CORAM: THE HON'BLE MR MR. JUSTICE SANJAY KUMAR M MISHRA Order No. 01.
Decision
ORDER 30.05.2024 Both these ese matters are taken up through ugh Hybrid arrangement (vid (video conferencing/physical mode) de). Since the the reliefs sought for in both th h the writ petitions are ide identical, both these matters are are heard analogously and nd disposed of by this common orde order. The writ p it petition W.P.(C) PIL No.13478 o 8 of 2024 has been filed by d by the petitioner Sujit Kumar Malli Mallick with a prayer for dire direction to the O.P. No.2, the Co Collector, Jajpur for deput eputation of paramilitary police fo e force in sensitive booths oths which has been mentioned ed in the representation of n of the petitioner vide Annexure- -3, under Binjharpur Consti nstituency. The writ pe it petition W.P.(C) No.13575 of 20 f 2024 has been filed by the the petitioner Himansu Sekhar Saho Sahoo, who is stated to be be an independent candidate con contesting election, with a p a prayer for a direction to the opp. pp. parties to provide adeq dequate Central Armed Police For Force and CCTV surveillance lance at booth no.97- Saroi Primary ary School and 74- Ramac machandi Nodal U.P. School und under 51- Dharmasala Asse Assembly Constituency for a free a ee and fair election. General Ele l Election to Legislative Assembly of of Odisha in 2024 was sup supposed to be held in four phas hases and three phases are are already over and 4th phase of of election is to be held in in 42 Assembly constituencies alon along with six Lok Sabha Co a Constituencies on 01.06.2024 in 12 in 12 police districts as per t er the print and electronic media r ia reports. Security personn onnel including the Central Armed med Police Force (CAPF) and and Odisha Armed Police and Civi Civil Police Personnel have ave been deployed and under m r massive security arrangem ngements, the election has been con conducted so far smoothly a ly and in a peaceful manner. Thoug ough some of the polling bo booths of some Assembly as well well as Lok Sabha constituen tuencies have been identified as se s sensitive booths, but it is it is reported that adequate preca recautions, including securit curity arrangement, are being do done for conduct of peac peaceful election in those booths ths. Web- casting arrangem gement has also been done and and micro- observers have a ve also been deployed in identified fied booths for ensuring free, free, fair and transparent election. Purity of e f election is fundamental to dem mocracy, which has been t en time and again reiterated by the the Hon’ble Supreme Court. urt. In the case of People's Uni Union for Civil Liberties ies -Vrs.- Union of India repor eported in (2013) 10 Supr Supreme Court Cases 1, it was he s held that free and fair e ir election is a basic structure re of the Constitution and and necessarily includes within its its ambit the right of an e an elector to cast his vote without out fear of reprisal, duress ress or coercion. More ecently, a recen Constitution Ben Bench of the Hon’ble Apex Court ourt in the case of Anoop B op Baranwal v. Union of India re a reported in (2023) 6 Su 6 Supreme Court Cases 161 und underlined that democracy acy works when the citizens are g re given a chance to decide cide the fate of the ruling governm rnment by casting their vote vote in periodical elections. The faith faith of the citizens in the he democratic processes is ensu nsured by conducting free and free fair elections throu rough an independent and and neutral agency. The Consti nstitutional Courts of this nation w n work as the sentinel on on the qui vive and are veste ested with enormous power wer to step in whenever there is a is a threat to the fundamen mental rights of the citizens or wh r when the damocles sword ord hangs over the basic tenets ets of the Constitution. Ne Needless to say, the jurisdiction tion of the High Court under nder 226 of the Constitution of India ndia can be invoked where t re the State Election Commission ion fails to discharge its con constitutional obligation to hold fr ld free and fair election. Having said said that, the Court cannot exer xercise its jurisdiction in vacuum and there must be in be some reasonable appr apprehension of threat which m must be brought on record cord so as to convince this Court to rt to invoke its extraordinary nary jurisdiction. In the absence ce of any cogent material o ial on record to grant the reliefs sou sought for in both the writ p rit petitions, it would not be proper per on our part to tread o d on the toes of electoral auth authorities, especially when en they are heavily occupied in e in ensuring free and fair elec elections in the State. In the presen esent case, no material ha has been brought on record by the petitioners that t at the State Election Commission, ion, Odisha has failed to disch discharge its constitutional obligation tion in any respect and ther therefore, we are not inclined to pa o pass any orders in both the h these writ petitions. Accordingly ngly, both these writ petitions ions stand disposed of. sipun (S.K. Saho Vacation Ju ahoo) Judge (S. K. Mish Vacation Ju ishra) n Judge Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 30-May-2024 20:29:16