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IN THE HIGH COURT OF ORISSA AT CUTTACK
ARINDAM SINHA
Pabitra Mohan Mallik – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. constitution provisions on election committee. (Para 1 , 5) |
| 2. election process interference principles. (Para 2 , 3 , 6 , 8) |
| 3. contentions regarding election authority. (Para 4 , 7) |
| 4. court's directive on impugned notification. (Para 9 , 10 , 11) |
ORDER
1. Mr. Rout, learned advocate appears on behalf of petitioner and submits, central election committee was wrongfully constituted by the appellate authority. The constitution of Odisha Medical Services Association provides for appealing body. Here an appellate authority purporting to be the appealing body had constituted central election committee, which in turn purportedly notified election by notification dated 1st February, 2022. He submits, the petition was moved on 14th February, 2022 and on him having demonstrated that the notification was issued without authority, interim order was granted.
2. Mr. Nayak, learned advocate appears on behalf of opposite party no.5 and relies on judgment of the Supreme Court in Shaji K. Joseph v. Viswanath reported in 2016 (I) CLR (SC) 688, paragraph- 14 to submit, once the process of election has commenced, the writ Court should not interfere, was the declaration of law. Petition
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 candidate in an Association election can challenge the legality even post-defeat if there are significant violations of the election process.
once an election process has been set in motion, though the High Court may entertain or may have already entertained a writ petition, it would not be justified in interfering with the election proces....
Writ petitions challenging internal election disputes in associations are not maintainable under Article 226 of the Constitution.
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....
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