PHOTOGRAPHIC ASSOCIATION OF ODISHA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Mr. Rout, learned advocate appears on behalf of petitioner and submits, his client is an Association. By impugned order dtd. 17/7/2020, his client's application for registration was dismissed by opposite party no.2. He draws attention to page 65 of Memorandum of Association in respect of opposite party no.3 and demonstrates that member no.2 having designation Vice-President does not have proper address. He submits, there are further irregularities but, in spite thereof, impugned order was made saying that because opposite party no.3 is with same name and already stands registered, his client cannot be registered as barred by sec. 3-A inserted by Odisha Amendment Societies Registration Act, 1860.

(2.) Ms. Pattanaik, learned advocate, Additional Government Advocate appears on behalf of State and in particular opposite party no.2 while Mr. Mishra, learned advocate appears on behalf of opposite party no.3, the already registered society. He points out, annexure-4 in the petition is letter from Under Secretary Registration to the ADM bearing registration dtd. 4/4/2018 but signed by the Under Secretary on 24/2/2018. He submits, this is obviously manufactured document. He submits further, petitioner, therefore, has not come with clean hands and the writ petition should be dismissed on that ground also.

(3.) Petitioner's prayer includes prayer for cancellation of registration granted to opposite party no.3, obviously to pave way for registration of petitioner. On query from Court Mr. Rout submits, sec. 12-D provides for cancellation or registration, also inserted by Odisha amendment.