A candidate in an Association election can challenge the legality even post-defeat if there are significant violations of the election process.

JUDGMENT :

R.K.PATTANAIK, J.

1. Instant writ petition is filed by the petitioner challenging the election process of Odisha Government College Teachers’ Association (hereinafter referred to as ‘the OGCTA’) pursuant to the decision and exercise undertaken vide Annexures-1 to 4 as vitiated and beyond jurisdiction and for not being in consonance with its Constitution and on such other grounds stated therein.

2. As pleaded on record, the OGCTA is a Service Association of all the teachers of Government Colleges duly recognized by the Home Department, Government of Odisha vide Memo No.9610 dated 18^th October, 1946 and the petitioner is a Junior Lecturer of English in BJB Autonomous College, Bhubaneswar and Ex-Treasurer of the OGCTA as well as a Presidential candidate in the election of the Association held in 2025. It is further pleaded that the Election Commission has not been constituted in terms of Clause 9(b) of the Constitution of the OGCTA, inasmuch as, the tenure of the previous Central Council expired on 23^rd August, 2022. According to the petitioner, the OGCTA’s Constitution prescribes only one mode/procedure for formation of Election Commission by a decision of the outgoing Central Council and no other body except the Government being the Authority.

2.1. The case of the petitioner is that in gross violation of the Constitution of the OGCTA, the Ex-General Secretary of the Association issued letter dated 2^nd April, 2025 under Annexure-1 for a meeting of the Association, which is beyond his authority, whereafter the election notification was issued by the Chairman, Election Commission, OGCTA, but such notification did not reveal the manner and the Authority by which, the Commission was formed and therefore, the very formation of the Commission is illegal, arbitrary and beyond jurisdiction. It is also pleaded that in violation of the provisions of the Constitution, the Election Commission, instead of appointing the Presiding Officers as per Clause 9(d)(iv) thereof invited recommendations from the Principals of the colleges which is again without authority and it has vitiated the process of election, inasmuch as, two of the Principals were contestants for the post of President, which seriously compromised a free and fair polling in their colleges/units for the fact that they are the Heads of their institutions and possessed control and influence over the employees of the colleges and in such a scenario, there was a chance of pressure on the employees to vote for them in the election and despite a complaint registered, no steps were taken by the Election Commission, on the contrary, in violation of Clause 9(d)(iv) of the Constitution recommendations were invited even including the two Principals who contested the election and therefore, the election is vitiated and hence, it shall have to be so declared and set aside.

3. Opposite party No.2 filed the counter affidavit with a preliminary objection on maintainability of the writ petition. It is pleaded therein that no relief is sought for against the State, hence, the writ petition cannot be maintained and that apart, the petitioner participated in the election initiated pursuant to Annexures-1 to 4 and not only that, he fielded himself against the post of President of the Association and was defeated and therefore, cannot question the election process as it is hit by doctrine of waiver and acquies