IN THE HIGH COURT OF ORISSA AT CUTTACK

AFR W.P.(C) No.25153 of 2024

Suryanarayan Kar …. Petitioner

Mr. B.S. Tripathy, Senior Advocate

-

-Versus

State of Odisha & others …. Opposite Parties

Mr. P.K. Ray, AGA

(O.P. Nos.1 to 6)

Mr. A. Mohanty, Senior Advocate

(O.P. No.7)

Mr. S.K. Mishra, Advocate

(O.P. No.10)

Mr. B. Bhuyan, Senior Advocate

(O.P. No.13)

CORAM:

JUSTICE R.K. PATTANAIK

DATE OF HEARING:19.08.2025

DATE OF JUDGMENT: 19.11.2025

1. The writ petition is filed by the petitioner assailing the impugned order dated 3^rd October, 2024 as at Annexure-10 of the learned A.D.M.-cum- Election Officer, Keonjhar, namely, opposite party No.4 declaring the result of the election of the Office Bearers of the Keonjhar District Truck Owners’ Association, Keonjhar (shortly as ‘the Association’) as illegal and non est in the eye of law and further to declare the involvement of the said Election

Officer in conducting the election of the Association for the year 2024 to be in contravention of the direction issued by this Court by order dated 15^th September, 2023 in W.A.

No.2319 of 2023 on the grounds stated therein.

2. The brief facts of the case are stated herein below. According to the petitioner, this Court in W.A. No.2319 of 2023 directed opposite party No.2 to hold election of the Association by an order dated 15^th September, 2023 as at Annexure-1 but all such exercise was undertaken by opposite party No.4. It is further pleaded that opposite party No.4 was specifically directed therein not to be involved in the election process, however, it has not been strictly complied with. It is claimed that opposite party No.4 was engaged in conducting the election in utter disregard to the Court’s order at Annexure-1, inasmuch as, the voter list was prepared by him including the names of the members, who are no more alive and some others having no eligibility to participate in the election and are not even the members of the Association. Referring to the letter dated 26^th June, 2024 of opposite party No.2 at Annexure-2, it is further pleaded that the additional draft member list was directed to be displayed for inviting objections and also to consider the disposal of such objections with findings along with recommendation for finalization of the voter list in compliance of the Court’s order in W.A. No.2319 of 2023 and in the process, opposite party No.4 was allowed to be involved in the process of election. It is alleged that opposite party No.4 claimed himself as the Election Officer and conducted the election fixing the dates with the election schedule of the Association and while claiming so, the notification dated 21^st August, 2024 at Annexure-3 is referred to by the petitioner. Similarly, referring to a copy of the minutes of the proceeding of the Committee constituted for conduct of election of the Association at Annexure-4, it is also pleaded by the petitioner that opposite party No.4 was directly involved in such election. For financial and necessary logistic support for holding the election, opposite party No.2 had correspondence vide Annexure-5 with the Association to discuss about the same with opposite party No.4 and relying upon the same, it is again pleaded that such involvement of the election officer is established being contrary to the direction of this Court in W.A. No.2319 of 2023. With other correspondences as at Anenxures-6, 9 & 10, it is pleaded that opposite party No.4 was allowed to be a part of the election process, which was specifically directed to be avoided in view of the Court’s order at Annexure-1 and not only that, such involvement is established from Annexure-7, a Corrigendum was issued by him dated 9^th September, 2024 besides releasing the details of the voting centres for the election as per Annexure-8 mentioning therein the members to cast votes Zone-wise and the date of such election i.e. on 28^th September, 2024 with the counting of votes and declaration of its result on 29^th September, 2024. With the above facts pleaded on record,