SUCHISMITA DASH Vs. STATE OF ODISHA

JUDGEMENT

(1.) Mr. Biswal, learned advocate appears on behalf of petitioners. He submits, his clients belong to Odisha Nursing Employees Association (ONEA). Though not required by by- laws of the association, his clients had applied for permission from the Home Department for holding virtual election, due to Covid-19. The Home Department vide letter dtd. 13/9/2021 had informed Health and Family Welfare (H and FW) Department of it having given consent to conduct such election on virtual mode subject to condition, H and FW Department find it conducive, keeping in mind present Covid scenario. The elections were thereafter duly held and result declared but subsequent thereto there was receipt of letter dtd. 15/9/2021 from H and FW Department, instructing not to go ahead with election procedure without its permission.

(2.) Mr. Pattnaik, learned advocate, Additional Standing Counsel appears on behalf of State and submits, without permission the election could not have been held. Therefore, the election and result declared are not recognized by the Government.

(3.) Mr. Nayak, learned advocate appears on behalf of opposite party nos.6, 7 and 8 and supports stand taken on behalf of State.