The Orissa High Court has left it to the state government and the State Election Commission (SEC) to initiate the process for civic elections in Rourkela, which have been pending for over a decade.
Background of the Case
Rourkela Municipality last went to polls in 2008, and its term ended in 2013. Since then, no elections have been conducted, with the state government citing a high court stay order issued on March 26, 2015, in connection with petitions challenging the move to upgrade the municipality into a municipal corporation.
Petition by Former Chairman
Former Rourkela Municipality chairman Nihar Ray had filed a petition seeking judicial intervention for holding elections to Rourkela Municipality. In his plea filed in November 2021, Ray alleged that the state had misinterpreted the stay order to justify delaying elections. He contended that the stay merely halted further proceedings related to the proposed Rourkela Municipal Corporation and did not bar elections to the existing municipality.
High Court's Decision
Referring to a common judgment on April 22, 2026, on the two petitions in connection with which the stay order was issued, the single judge bench of Justice R K Pattanaik disposed of Ray's petition. The order stated: "In view of the common judgment, the instant writ petition stands disposed of leaving it open for the state authorities, and in particular, State Election Commission to recommend the dates for the municipal election to be held in accordance with law since the previous tenure has long expired." The web copy of the order was released online on April 27.
The Common Judgment
In the common judgment, the high court upheld the state government's 2014 notification declaring Rourkela Municipality as a municipal corporation and merging several nearby villages, even as it stressed the need to safeguard the distinct rights of tribal populations in Scheduled Areas. Dismissing the two writ petitions filed in 2015, the high court ruled that the decision to include villages such as Jagda, Jhartarang, Brahmani Tarang, Sana Brahmani Tarang, and Gopa Palli within Rourkela Municipal Corporation (RMC) was legally valid and did not violate constitutional provisions.
Ray's Allegations
In his petition filed in November 2021, Ray had pointed out that despite the stay order effectively keeping the municipality in existence, administrative functions were being carried out under the banner of the municipal corporation, headed by a commissioner. He questioned the inaction of the SEC, pointing out that no step had been taken to hold elections even after the lapse of the municipal term.
No Direct Directive
Justice Pattanaik, however, while disposing of the petition, refrained from issuing a direct directive, instead leaving it open to the competent authorities to take necessary steps toward holding elections at the earliest.
