DILLIP KUMAR NAYAK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioners have filed the present writ petition questioning the order of Additional District Magistrate, Bhadrak (opposite party no.3) giving various directions for holding election to various posts of office bearers of opposite party no.6 and consequential order of the Sub-Collector, Bhadrak (opposite party no.4) on the same subject under Annexure-5 on the ground that the above noted orders/directions have been issued without jurisdiction and by ignoring the relevant provisions of the bye-law of opposite party no.6 governing the field. Their further case is that holding of election prior to outcome of audit of financial status of opposite party no.6 should not be permitted.

(2.) Mr. Dharanidhar Nayak, learned Senior Advocate submitted that the amended bye-law of Bhadrak Bus Syndicate under Annexure-2 lays down detailed guidelines relating to election of office bearers of opposite party no.6. In this connection, he relied on Clause-10 (Kha) of the byelaws, which makes it clear that in a general body meeting if more than half of the permanent members desire that the election be held to elect the office bearers of the association only then, an election can be held. Further for the purpose of conduct of such election, three persons are required to be nominated by the majority in a general body meeting, who will act as a Committee for conducting the election. Such committee is mandated to complete the process of election within one month. Further, it makes it clear that the election should be conducted by following the procedure of secret ballot. In such background, he submitted that in the process of conduct of election as contained in amended bye-law under Annexure-2, which has been duly approved by the Addl. District Magistrate-cum-Registering Authority, no role has been assigned to the A.D.M., Bhadrak (opposite party no.3) or Sub-Collector, Bhadrak (opposite party no.4). He also submitted that none of these officers has been authorized either under the bye-law of opposite party no.6 or under the Societies Registration Act, 1860 to play any role in the matter of conduct of election to the office bearers of a society like opposite party no.6. Therefore, he submitted that the slew of directions issued by the Addl. District Magistrate, Bhadrak (opposite party no.3) under Annexure-4 with regard to holding of election to various posts of office bearers of opposite party no.6 and consequential orders in the same matter under Annexure-5 by opposite party no.4 are all without jurisdiction and are liable to be quashed. Further according to him, election should be held after the process of audit is complete.

(3.) Mr. Dhal, learned Addl. Government Advocate submitted that the Bhadrak Bus Syndicate suffers from intense group rivalries and both the parties had approached the Collector and District Magistrate, Bhadrak (opposite party no.2) and Additional District Magistrate, Bhadrak (opposite party no.3) requesting them to ensure financial discipline in opposite party no.6 and to help them in holding free and fair election as the tenure of earlier body expired on 31.3.2020. Accordingly, on 11.6.2020 an interim committee was constituted which included the petitioner no.1 to manage the day to day affairs of opposite party no.6. Further, on 1.7.2020 vide Annexure-E/4, the Collector and District Magistrate, Bhadrak was requested by Commerce and Transport Department of Government to facilitate holding of a free and fair election of office bearers of the association under the supervision of a Senior Officer of the district administration by 31.7.2020. Copy of the same was also forwarded to the Superintendent of Police, Bhadrak with a request to take suitable actions against the unsocial elements, who were putting hindrances in holding the election. He, however, submitted that as per the said direction, election could not be held by 31.7.2020 on account of spread of COVID-19 pandemic. Sometime after, W.P.(C) No.23628 of 2020 was filed by certain persons with a prayer to direct the Addl. District Magistrate, Bhadrak to hold election to the posts of office bearers of opposite party no.6. The said writ petition was disposed of on 15.9.2020 with a direction to the Addl. District Magistrate, Bhadrak to consider and dispose of the representation of the petitioners therein by passing a reasoned order in accordance with law within a period of four weeks from the date of production of an authenticated copy of that order, if the same was still pending. In such background, directions were issued under Annexure-4 by the Addl. District Magistrate, Bhadrak (opposite party no.3) with regard to holding of elections. Accordingly, vide Annexure-5, the Sub-Collector, Bhadrak (opposite party no.4) also prepared the schedule for the election and issued other ancillary directions pertaining to the election. Therefore, in the facts and circumstances, Mr. Dhal contended that the directions contained in Annexures-4 and 5 with regard to holding of election cannot be faulted. He also submitted that there exists no prayer for quashing the directions relating to holding of election as contained under Annexure-4. Accordingly, he prayed for dismissal of the writ petition.