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2021 Supreme(Ori) 258

BISWAJIT MOHANTY
Dillip Kumar Nayak – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
D.D. Nayak, Advocate, Akash Bhuyan, Advocate, N.K. Mohanty, Advocate, H.M. Dhal, Advocate, P.K. Rath, Advocate, A. Behera, Advocate, S.K. Behera, Advocate, P. Nayak, Advocate, S. Das, Advocate, S. Rath, Advocate

JUDGMENT

Biswajit Mohanty, J. - 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 electio

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