Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Abhisek Upadhyay – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to election process based on illegality. (Para 1 , 2) |
| 2. opposition to maintainability due to participation. (Para 3) |
| 3. summary of hearings and counter-affidavits. (Para 4 , 6) |
| 4. petitioner’s reliance on legal precedents. (Para 5) |
| 5. counterarguments emphasize election legitimacy. (Para 7) |
| 6. writ jurisdiction in election disputes of associations. (Para 8 , 10 , 11) |
| 7. legal rights to challenge election results post-participation. (Para 9 , 12) |
| 8. court’s findings on the election commission formation. (Para 13) |
| 9. conclusion to dismiss the writ petition. (Para 14 , 15) |
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 18th Oct
A candidate in an Association election can challenge the legality even post-defeat if there are significant violations of the election process.
An election within an unregistered association is invalid if conducted by an improperly constituted committee that does not adhere to its governing constitutional provisions.
A dispute arising among the members of a society registered under the A.P. Societies Registration Act, 2001, relating to the affairs of the society, is to be resolved through the mechanism provided u....
Writ petitions challenging internal election disputes in associations are not maintainable under Article 226 of the Constitution.
Writ petitions challenging internal elections of Bar Associations are not maintainable as they do not involve public character or duties.
A writ petition is not maintainable to challenge an order of rejection of nomination paper by the Returning Officer/competent authority having regard to the provisions in Article 243-O of the Constit....
The court established that the election process for a statutory association must include all eligible voters, and exclusion of votes violates legal provisions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
