CHANDAN PRAJAPATI Vs. STATE OF ODISHA

JUDGEMENT

(1.) Since common question of facts and law are involved in all these Writ Petitions, the same were heard together and are being disposed of by this common judgment.

(2.) The Petitioners in the above mentioned Writ Petitions (hereinafter referred to as 'the Petitioners' for brevity) have made prayer to quash the Letter No.1654 dtd. 25/8/2022 issued by the Additional District Magistrate, Keonjhar (hereinafter referred to as 'the ADM' for brevity) to the Members of the General Body of Keonjhar District Truck Owners' Association (hereinafter referred to as 'the KDTOA' for brevity) directing the Members of the General Body of KDTOA to enable the Members of the Advisory Body of KDTOA to take over the office of KDTOA and initiate necessary action for the election of the next Governing Body of the KDTOA by 30/9/2022 and the Minutes of the Meeting held in the office chamber of the ADM on 23/8/2022 deciding/ directing the Members of the General Body of the KDTOA to enable the Advisory Board to take over the office of the KDTOA to process and complete the election by 30/9/2022. They further seek a direction from this Court to the ADM to conduct election with the help of the officers of the District Administration by taking over the charge of the KDTOA.

(3.) The fact of the case, in brief, is that the Petitioners are Truck Owners and Members of the KDTOA which is registered under the Societies Registration Act, 1860 (hereinafter referred to as 'the Act' for brevity) having Registration No.18935/18 of 1984-85. For the purpose of smooth functioning of the said Association, a Bye-law was adopted and the same was approved by the competent authority. The aim and object of the Association is to facilitate its members for running of smooth business of private transport and some social works as well in order to provide relief to the needy areas affected by natural calamities and other emergencies of flood, cyclone etc., undertakes plantation programmes, organize eye and blood donation camps etc. As per the Bye-law, a Governing Body is to be constituted and the Office Bearers of the Governing Body is to be elected by the Members of the Association. The term of the office is for 3' years. As per the Bye-law, a Governing Body was constituted and approved by the competent authority on 1/4/2015 which got expired on completion of 3' years with effect from 1/10/2018.