IN THE HIGH COURT OF ORISSA AT CUTTACK ELPET No. 3 of 2024 Bhakta Charan Das …. Petitioner Represented by Mr. B. Mishra, Sr. Advocate with Mr. B.C. Panda, Advocate -Versus – Manorama Mohanty …. Respondent Represented by Mr. G.K. Agarwal, Senior Advocate with Ms. S. Srivastava, Advocate CORAM: JUSTICE SASHIKANTA MISHRA ORDER_ 30.03.2026 1. This matter is taken up through hybrid mode. 2. This order arises out of an application filed by the Election Petitioner in Court today seeking withdrawal of the Election Petition. 3. The Election Petition was filed challenging the election of the respondent, Manorama Mohanty from 81-Narla Assembly Constituency to the Odisha State Legislative Assembly in the General Assembly Election held in the year 2024. 4. The Election Petition is presently at the stage of hearing with two witnesses from the side of the petitioner being examined. 5. The present application has been filed seeking withdrawal of the Election Petition on the ground that in the review meeting of the Order No. 33. Indian National Congress Party, the High Command of the party instructed the petitioner not to proceed further in the election case challenging the verdict of the majority of voters. As such, being a disciplined member of the party, he has decided not to proceed further with the election case. It is further stated that there is no understanding between the parties to the case for withdrawal of the petition. 6. Heard Mr. B.C. Panda, learned counsel for the Election Petitioner and Mr. G.K. Agarwal, learned Senior Counsel with Ms. S. Srivastava, learned counsel for the respondent. 7. Mr. Panda submits that as a disciplined member of the party, the Election Petitioner seeks to abide by the direction of the High Command and therefore, has decided not to proceed any further with the election case. 8. Mr. G.K. Agarwal, learned Senior Counsel submits that the respondent has no objection to the Election Petition being withdrawn. 9. After hearing learned counsel for the parties and upon going through the application, this Court is satisfied that the same has not been induced by any bargain or consideration which ought not to be allowed. The petitioner has accepted the instructions of his party High Command and taken the decision to withdraw the application. As such, this Court holds that the requirement of Sections 109 & 110 of the R.P. Act are satisfied. This Court is therefore, inclined to allow the application. 10. In the result, the application is allowed. The Election Petition is permitted to be withdrawn. This Court directs the Election Petitioner to pay Rs.5000/- towards cost of the proceeding to the respondent and file its receipt before this Court within two weeks. 11. It is directed that notice of withdrawal shall be published in the official gazette for which, the Registry shall do the needful. It is further directed that the fact of withdrawal of the Election Petition shall be intimated to the State Election Commission and the Election Commission of India as well as the Hon’ble Speaker of Odisha State Legislative Assembly by the Registry. (Sashikanta Mishra) Judge BC.TUDU Designation: Sr. Stenographer