Orissa High Court
Chandan Prajapati & Anr vs State Of Odisha And Ors on 1 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) Nos.23667 of 2022, 35800 of 2022, 14229 of 2023,
17919 of 2023 and 18872 of 2023
(In the matters of applications under Articles 226 and 227 of
the Constitution of India, 1950)
In W.P.(C) No.23667 of 2022
Chandan Prajapati & Anr. .... Petitioners
-versus-
State of Odisha and Ors. .... Opp. Parties
Advocates appeared in the case:
For Petitioners : Mr. Bhabani Sankar Tripathy (1),
Adv.
Mr. Durga Prasad Pattnaik, Adv.
-versus-
For Opp. Parties : Mr. D. Mund, AGA
Mr. A.K. Nanda, AGA
Mr.Adhiraj Mohanty, Adv.
Mr. Bibekananda Bhuyan, Adv.
(for O.P.5)
In W.P.(C) No.35800 of 2022
Krushna Chandra Behera .... Petitioners
-versus-
State of Odisha and Ors. .... Opp. Parties
Advocates appeared in the case:
For Petitioner : Ms. Deepali Mahapatra, Adv.
-versus-
For Opp. Parties : Mr. D. Mund, AGA
Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR
Designation: Assistant Registrar-cum-Senior Secretary
pg. 1
Reason: Authentication
Location: ORISSA HIGH COURT, ORISSA
Date: 02-Aug-2023 15:38:00
In W.P.(C) No.14229 of 2023
Suresh Chandra Sahoo & Ors. .... Petitioners
-versus-
State of Odisha and Ors. .... Opp. Parties
Advocates appeared in the case:
For Petitioners : Mr. Pitambar Acharya, Sr. Adv.
-versus-
For Opp. Parties : Mr. D. Mund, AGA
Mr. Rajiv Kumar Mahanta, Adv.
(for O.Ps.6 & 7)
In W.P.(C) No.17919 of 2023
Abhimanyu Sahoo & Ors. .... Petitioners
-versus-
State of Odisha and Ors. .... Opp. Parties
Advocates appeared in the case:
For Petitioners : Mr. Jyoti Patnaik, Adv.
-versus-
For Opp. Parties : Mr. D. Mund, AGA
In W.P.(C) No.18872 of 2023
Padmolochan Sahoo & Ors. .... Petitioners
-versus-
State of Odisha and Ors. .... Opp. Parties
Advocates appeared in the case:
For Petitioners : Mr. Subhankar Rout, Adv.
-versus-
For Opp. Parties : Mr. D. Mund, AGA
Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR
Designation: Assistant Registrar-cum-Senior Secretary
pg. 2
Reason: Authentication
Location: ORISSA HIGH COURT, ORISSA
Date: 02-Aug-2023 15:38:00
CORAM:
DR. JUSTICE S.K. PANIGRAHI
DATE OF HEARING:-27.06.2023
DATE OF JUDGMENT:-01.08.2023
Dr. S.K. Panigrahi, J.
1. Since common question of facts and law are involved in all
these Writ Petitions, the same were heard together and are
being disposed of by this common judgment.
2. The Petitioners in the above mentioned Writ Petitions
(hereinafter referred to as "the Petitioners" for brevity) have
made prayer to quash the Letter No.1654 dated 25.08.2022
issued by the Additional District Magistrate, Keonjhar
(hereinafter referred to as "the ADM" for brevity) to the
Members of the General Body of Keonjhar District Truck
Owners' Association (hereinafter referred to as "the KDTOA"
for brevity) directing the Members of the General Body of
KDTOA to enable the Members of the Advisory Body of
KDTOA to take over the office of KDTOA and initiate
necessary action for the election of the next Governing Body of
the KDTOA by 30.09.2022 and the Minutes of the Meeting held
in the office chamber of the ADM on 23.08.2022 deciding/
directing the Members of the General Body of the KDTOA to
enable the Advisory Board to take over the office of the
Signature Not Verified
Digitally Signed
pg. 3
Signed by: BHABAGRAHI JHANKAR
Designation: Assistant Registrar-cum-Senior Secretary
Reason: Authentication
Location: ORISSA HIGH COURT, ORISSA
Date: 02-Aug-2023 15:38:00
KDTOA to process and complete the election by 30th
September, 2022. They further seek a direction from this Court
to the ADM to conduct election with the help of the officers of
the District Administration by taking over the charge of the
KDTOA.
I. FACTS OF THE CASE:
3. The fact of the case, in brief, is that the Petitioners are Truck
Owners and Members of the KDTOA which is registered under
the Societies Registration Act, 1860 (hereinafter referred to as
"the Act" for brevity) having Registration No.18935/18 of 1984-
85. For the purpose of smooth functioning of the said
Association, a Bye-law was adopted and the same was
approved by the competent authority. The aim and object of
the Association is to facilitate its members for running of
smooth business of private transport and some social works as
well in order to provide relief to the needy areas affected by
natural calamities and other emergencies of flood, cyclone etc.,
undertakes plantation programmes, organize eye and blood
donation camps etc. As per the Bye-law, a Governing Body is
to be constituted and the Office Bearers of the Governing Body
is to be elected by the Members of the Association. The term of
the office is for 3½ years. As per the Bye-law, a Governing
Body was constituted and approved by the competent
Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR
Designation: Assistant Registrar-cum-Senior Secretary
pg. 4
Reason: Authentication
Location: ORISSA HIGH COURT, ORISSA
Date: 02-Aug-2023 15:38:00
authority on 01.04.2015 which got expired on completion of 3½
years with effect from 01.10.2018.
4. While the matter stood thus, the General Body in their meeting,
resolved for amendment of the Bye-law. By virtue of a
Resolution, some amendments were made in the Bye-law on
01.05.2015 which was approved by the Inspector General of
Registration-cum- Registrar of Societies, Odisha. As per the
amended Bye-law, an election was held on 27.01.2019 and the
result thereof was declared on 03.02.2019. The Governing Body
of the KDTOA came to force with effect from 03.02.2019 and
the term of the Governing Body came to an end with effect
from 09.08.2022.
5. As per Clause-4(e) of the Bye-law, there shall be an Advisory
Board consisting of Life Members and Honorary Members. It
consists of minimum three and maximum seven Members.
They are also the arbitrator in any disputed matter of the
Association, if referred by the President. They may suggest,
verify, inquire any matter pertaining to the day to day
management. Advisory Board will be selected by the General
Body. They are authorized to exercise some extraordinary
power to deal with emergency. They will attend the executive
body meeting. Therefore, the Advisory Board has
extraordinary power to deal with emergency. It is understood
Signature Not Verified
Digitally Signed
pg. 5
Signed by: BHABAGRAHI JHANKAR
Designation: Assistant Registrar-cum-Senior Secretary
Reason: Authentication
Location: ORISSA HIGH COURT, ORISSA
Date: 02-Aug-2023 15:38:00
that after expiry of term of the Governing Body, the functions
of the Governing Body vests on the Advisory Board.
6. After completion of the election process in the year 2019, an
intimation was sent to the Opposite Parties/ State regarding
conclusion of the election and the name of the elected Members
of the Governing Body vide letter dated 04.02.2019 by the
Advisory Board, KDTOA. From the aforesaid letter, it would
be clear that since the term of the Governing Body was expired
in July, 2018, the election process was conducted by the
Advisory Board and the same was intimated to the authorities.
7. After expiry of the term of the Governing Body on 09.08.2022,
the Advisory Board wrote letter dated 23.05.2022 to the
Collector, Keonjhar intimating therein that the term of the
Governing Body was going to be expired on 09.08.2022 and,
therefore, fresh election was required to be conducted. In order
to discuss the issues placed by the Members of the KDTOA
before the District Administration, a meeting was held in the
office Chamber of the ADM on 23.08.2022 wherein it was
decided to direct the Members of the General Body to enable
the Advisory Board to take over the Office of the KDTOA to
process and complete the election by 30th September, 2022. The
ADM vide letter dated 25.08.2022 intimated the outgoing
Governing Body that the tenure of the office of elected
Governing Body had expired on 09.08.2022 and as there was no
Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR
Designation: Assistant Registrar-cum-Senior Secretary
pg. 6
Reason: Authentication
Location: ORISSA HIGH COURT, ORISSA
Date: 02-Aug-2023 15:38:00
resolution for continuance of the outgoing Governing Body, it
was presumed that the power of the Governing Body stood
dissolved. Further, a direction was issued to the Advisory
Board to take over the office of the Association and take
necessary steps for election as per the Rules and Regulation
adopted by the Governing Body.
8. The Petitioners have filed the aforementioned Writ Petitions
challenging such Minutes of the Meeting held in the office
chamber of the ADM on 23.08.2022 and the Letter No.1654
dated 25.08.2022 issued by the Additional District Magistrate,
Keonjhar.
II. SUBMISSIONS OF THE PETITIONERS:
9. Learned counsels for the Petitioners has brought forward the
following submissions:
a. Since the ADM is the competent authority to approve/
disapprove the elected Members of the Governing Body, after
expiry of the term of the outgoing Governing Body i.e. on
09.08.2022, a meeting was conveyed in the office of ADM on
23.08.2022. In the said meeting, the Sub-Collector, Keonjhar,
Deputy Collector, Revenue, Collectorate, Keonjhar, and the
Members of the Advisory Board had attended the meeting and
it was resolved that the Advisory Board of the KDTOA is to
take over the charge of the Association and they shall take all
possible steps to conduct the election with the support of their
Signature Not Verified
Digitally Signed
pg. 7
Signed by: BHABAGRAHI JHANKAR
Designation: Assistant Registrar-cum-Senior Secretary
Reason: Authentication
Location: ORISSA HIGH COURT, ORISSA
Date: 02-Aug-2023 15:38:00
registered Members and the support of the District
Administration for maintaining law and orders and providing
security to conduct the election. Further, it was resolved that
the election process is to be completed by 30.09.2022.
b. In spite of the resolution passed under the Chairmanship of the
ADM, the Advisory Board of the KDTOA has not taken any
step for commencement of the election of the Association.
Therefore, one of the members of the Association had filed
W.P.(C) No.27582 of 2022. The said Writ Petition was disposed
of by this Court vide order dated 27.10.2022 with an
observation that the ADM would do well to issue necessary
direction to the Advisory Board of KDTOA for initiating
election of the Association within a stipulated date.
c. After disposal of the said Writ Petition, the ADM wrote a letter
to the Advisory Board of the KDTOA requesting the Advisory
Board to conduct election of the Governing Body on 25.11.2022
and report compliance.
d. On receipt of the said letter, the Advisory Board of KDTOA
wrote a letter to the General Secretary of the outgoing
Governing Body of the KDTOA requesting him to supply the
"Preliminary Voter List" if he had not made it final, so that the
Advisory Board would make it final and start the process of
election.
Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR
Designation: Assistant Registrar-cum-Senior Secretary
pg. 8
Reason: Authentication
Location: ORISSA HIGH COURT, ORISSA
Date: 02-Aug-2023 15:38:00
e. After expiry of the term of the Governing Body, there is no
Secretary of the Association. Time and again, the ADM has
requested the Advisory Board of the KDTOA to conduct
election as per the Bye-law owing to the fact that after expiry of
the term, the Advisory Board is the in-charge of the
Management and they have the duty to conduct election in
time. It was contended that failure on the part of the Advisory
Board to conduct the election, the ADM is to take steps for
conducting the election, otherwise the Association will be
defunct.
f. The term of the Governing Body has already expired since
09.08.2022. The District Administration has convened a meeting
and a decision was taken for conducting election by 30.09.2022.
In the meantime, more than nine months have already been
passed. Despite the direction of this Court to the ADM to take
appropriate steps for conducting the election of the
Association, the ADM is sitting over the matter by shifting the
responsibility to the Advisory Board of the KDTOA. By this
process, the Association is without a Governing Body which
impedes smooth functioning of the Association and causing
serious prejudice to the Members of the Association.
g. Since the tenure of the Association expired on 09.08.2022 and
even if steps were taken by the members of the Association, yet
the ADM in presence of the Sub-Collector, Keonjhar, Dy.
Signature Not Verified
Digitally Signed
pg. 9
Signed by: BHABAGRAHI JHANKAR
Designation: Assistant Registrar-cum-Senior Secretary
Reason: Authentication
Location: ORISSA HIGH COURT, ORISSA
Date: 02-Aug-2023 15:38:00
Collector (Revenue), Collectorate, Keonjhar along with the
members of the Advisory Board of the Association has
convened a meeting on 23.08.2022 to discuss the issue of
conducting election for smooth management of the
Association. In the said meeting, the ADM by relying upon an
unwarranted opinion of the Advisor of the Association decided
that the office of the Association would be taken over by the
Advisory Board and they shall take all possible steps to
conduct the election with support of their registered members
and support of the District Administration for maintaining the
law and order and providing security to conduct the election.
The impugned Minutes of the said meeting dated 23.08.2022
was communicated to the Members of the General Body of the
Association by the impugned letter No.1654 dated 25.08.2022
issued by the ADM. Hence, it is ascertained that the entire
exercise was undertaken by the District Administration under
the Chairmanship of the ADM in the said meeting held on
23.08.2022 without authority. In the said letter, the direction
was that the Advisory Body of the Association would take over
the office of the Association and initiate necessary action to
hold election by 30.09.2022 as per Rules and Regulations
adopted.
h. In view of the above, the Petitioners challenge the impugned
minutes of the meeting held on 23.08.2022 under the
Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR
Designation: Assistant Registrar-cum-Senior Secretary
pg. 10
Reason: Authentication
Location: ORISSA HIGH COURT, ORISSA
Date: 02-Aug-2023 15:38:00
Chairmanship of the ADM and the letter dated 25.08.2022
issued by the ADM seeking quashing of the same. They further
pray that the ADM may be directed to conduct election of the
Governing Body of the KDTOA with the help of the officers of
the District Administration by taking over the charge of the
Association at an early date.
IV. SUBMISSIONS ON BEHALF OF THE OPPOSITE PARTY/
ADM:
10.Per Contra, learned counsel for the State has brought forward
the following submissions:
a. As per the Bye-law of KDTOA, the term of Executive Body
expired on 09.08.2022. Some members of the KDTOA
supporting the election filed grievance petitions before the
District Administration on 24.05.2022 and 03.06.2022 seeking
timely election. They are also continuing their agitation
hunger strict before the office of the Collector, Keonjhar.
Apprehending law and order situation between two rivalry
groups of the members of the Association, a meeting was
convened on 23.08.2022 under the Chairmanship of the ADM
with the members of the Advisory Board as well as other
members of the Association. In order to resolve the issue in a
peaceful manner, instruction was issued to the members of the
General Body of KDTOA vide letter No.1654 dated 25.08.2022
to conduct election by 30.09.2022 of the General
Body/Executive Body by the Advisory Board. In fact, neither
Signature Not Verified
Digitally Signed
pg. 11
Signed by: BHABAGRAHI JHANKAR
Designation: Assistant Registrar-cum-Senior Secretary
Reason: Authentication
Location: ORISSA HIGH COURT, ORISSA
Date: 02-Aug-2023 15:38:00
has there any order been violated nor has travelled beyond the
power by the District Administration. Rather, the District
Administration has acted in a congenial manner to avoid any
law and order situation.
b. In order to avoid legal complicacy and law and order
situation, the member of General Body of KDTOA were
directed to enable the Advisory Body of KDTOA to take over
office of KDTOA for smooth management in absence of
Governing Body of the Association vide letter No.16543
dated 25.08.2022.
c. This Court vide order dated 27.10.2022 passed in W.P.(C)
No.27582 of 2022 (Balaram Rout v. State of Odisha and
others) issued the following order:
"Though the learned Counsel for the State raised
objection of the maintainability of the writ petition
but in view of the limited nature of grievance of the
petitioner, who is a member of the Association, the
Opp. Party No.4- Addl. Dist. Magistrate. Keonjhar
shall do well to issue necessary direction to the
Advisory Board of Keonjhar District Truck Owners
Association i.e. Opp. Party No.7 in term of
Annexure-5 and 6 for initiating necessary action for
election of the Governing Body of the KDTOA office
within a stipulated date."
d. Accordingly, vide letter No.2196 dated 31.10.2022 instruction
has been issued by the ADM to the Advisory Board, KOTOA
Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR
Designation: Assistant Registrar-cum-Senior Secretary
pg. 12
Reason: Authentication
Location: ORISSA HIGH COURT, ORISSA
Date: 02-Aug-2023 15:38:00
to conduct election of the Governing Body of the KDTOA on
25.11.2022.
e. There was no positive attitude of the office bearers to conduct
the election of Executive Body of KDTOA. A group of
persons were approaching the District Administration to
conduct timely election. Therefore, the District
Administration had taken steps to conduct a meeting and it
has issued instructions to the Advisory Body to conduct
timely election.
f. In such view of the matter, learned counsel for the State
submitted that these Writ Petitions are liable to be dismissed
being devoid of merit.
IV. COURT'S ANALYSIS AND REASONING:
11. The KDTOA is a Registered Association under the Act and has
been guided by the said Act and its By3-laws. The Bye-laws of
the said Association has been approved by the Inspector
General of Registration- cum- Registrar of Societies, Odisha.
Clause-3 and Clause-4 of the Memorandum of the Society
under the Act stipulates powers and functions of the Governing
Body and General Body of the Association.
12. The tenure of the Association has been expired with effect from
01.04.2018. At that point of time, lots of disputes were raised by
vested interests through various Writ Petitions. Ultimately, the
disputes were decided by this Court vide order dated
Signature Not Verified
Digitally Signed
pg. 13
Signed by: BHABAGRAHI JHANKAR
Designation: Assistant Registrar-cum-Senior Secretary
Reason: Authentication
Location: ORISSA HIGH COURT, ORISSA
Date: 02-Aug-2023 15:38:00
18.12.2018 passed in W.P.(C) No.8731 of 2018. This Court vide
the said order quashed the directions of District Administration
with respect to holding of election of the Association and
observed that the Collector, Keonjhar has no authority and/or
jurisdiction to direct any of its sub-ordinate including the ADM
to take up the management of the Association and run its
affairs and further to directed to hold fresh election. However,
this Court in the same judgment has also given liberty to the
District Administration to take such steps as permissible under
the law to handle any law and order situation, if so arises
during the election.
13. After the order dated 18.12.2018 passed by this Court, the
General Body of the Association conducted election of the
Association whose tenure was up to 09.08.2022. After expiry of
the said tenure of General Body on 09.08.2022, when steps were
taken by the Members of the Association for further election,
the ADM in its letter dated 25.08.2022 on a presumption that
the powers of the Governing Body stood dissolved on expiry of
the tenure of the elected body of the Association on 09.08.2022,
directed the Advisory Board of the KDTOA to take over the
office of the Association and initiate action for the election of
the next Governing Body of the KDTOA by 30.09.2022 as per
the Rules and Regulations adopted by the members of KDTOA
in their Bye-laws.
Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR
Designation: Assistant Registrar-cum-Senior Secretary
pg. 14
Reason: Authentication
Location: ORISSA HIGH COURT, ORISSA
Date: 02-Aug-2023 15:38:00
14. An Additional Affidavit has been filed by the Petitioners in
W.P.(C) No.14229 of 2023 stating therein that some of the truck
owners of Keonjhar District has filed the Writ Petition, inter
alia, praying for a direction to the Inspector General of
Registration-cum- Registrar of Societies, Odisha to ensure that
the election to be conducted to constitute the succeeding
Governing Body of the KDTOA within the stipulated time
period along with ancillary prayers. This Court vide order
dated 16.05.2023 has been pleased to issue notice to the
Opposite Party Nos.5 to 7 therein by Special Messenger, fixing
the date of hearing to 26.07.2023.
15. After receipt of notice of this Court, the General Secretary of
KDTOA issued a Press Release on 03.06.2023. The said Press
Release transpires that an emergent executive meeting of the
Association was held on 02.06.2023, wherein, a consensus was
arrived at for holding the election in the month of September,
2023. Before the poll, the ancillary arrangements like
preparation of electoral rolls and the scrutiny of the same was
decided to be published on 20.06.2023. The same has been done
in the meantime. As per the said press release, after hearing of
the objections of the said voters list, the names of all eligible
voters is yet to be published.
16. In conformity with the aforesaid decision of the Committee, the
Association vide Notice dated 20.06.2023, published the
Signature Not Verified
Digitally Signed
pg. 15
Signed by: BHABAGRAHI JHANKAR
Designation: Assistant Registrar-cum-Senior Secretary
Reason: Authentication
Location: ORISSA HIGH COURT, ORISSA
Date: 02-Aug-2023 15:38:00
Provisional Voters list and invited objections from the members
to be filed between 21.06.2023 to 27.06.2023 with the requisite
papers for the purpose of inclusion of the eligible voters. In
view of the aforesaid development, the election process has
commenced to constitute the succeeding Governing Body of the
Association.
17. In so far as the Advisory Board is concerned, Clause-4(c) of the
Memorandum of the Society under the Act provides the
constitution and function of the Advisory Board which are
extracted herein below:
"4. General Body
Xx xx xx xx xx xx
(c) Advisory Board:
Life members and honorary members can be the
advisors of the committee. It consists minimum
three and maximum seven. They are the arbitrator
in any disputed matter of the association, if referred
by the President. They may suggest, verify, inquire
any matter in the day to day management.
Advisory Board will be selected by the General
Body. They are authorized to exercise some extra
ordinary power to deal with emergency. They will
attend the executive body meeting."
18. The said Clause of the Memorandum of the Society under the
Act does not show that the election of the KDTOA to be
conducted by the Advisory Board. It shows that the Advisory
Board is authorized to exercise some extraordinary power to
deal with emergency subject to reference by the President. It
Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR
Designation: Assistant Registrar-cum-Senior Secretary
pg. 16
Reason: Authentication
Location: ORISSA HIGH COURT, ORISSA
Date: 02-Aug-2023 15:38:00
seems that no extra-ordinary/ emergent situation has arisen in
the present case for the Advisory Board to take over the office
of KDTOA. However, the ADM vide the impugned letter dated
25.08.2022 has directed the Advisory Board of the KDTOA to
take over the office of the KDTOA and initiate necessary action
for the election of the next Governing Body of the KDTOA by
30.09.2022. So also in the impugned Minutes of the Meeting
dated 23.08.2022 held in the office Chamber of the ADM, it was
decided to direct the members of General Body to enable the
Advisory Board to take over the office of KDTOA to process
and complete the election by 30.09.2022.
19. In such view of the matter, the prayer of the Petitioners is
allowed. The impugned letter dated 25.08.2022 issued by the
ADM and the impugned Minutes of the Meeting dated
23.08.2022 held in the office Chamber of the ADM are hereby
quashed.
20.Additionally, as it has been brought to the notice of this Court
that the office bearers have already started the process for
conducting election of KDTOA in the month of September,
2023, the District Administration, Keonjhar is at liberty to take
any such steps as permissible under law in case any law and
order situation arises in connection with such election. It is
made clear that steps be taken for the election of KDTOA at the
Signature Not Verified
Digitally Signed
pg. 17
Signed by: BHABAGRAHI JHANKAR
Designation: Assistant Registrar-cum-Senior Secretary
Reason: Authentication
Location: ORISSA HIGH COURT, ORISSA
Date: 02-Aug-2023 15:38:00
earliest possible so as to avoid any kind of unpleasant
atmosphere in the democracy of the Association.
21. Accordingly, all these Writ Petitions are disposed of.
22. Interim order dated 28.10.2022 passed in I.A. No.12626 of 2022
arising out of W.P.(C) No.23667 of 2022 stands vacated.
(Dr. S.K. Panigrahi)
Judge
Orissa High Court, Cuttack,
Dated the 1st August, 2023/ B. Jhankar
Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR
Designation: Assistant Registrar-cum-Senior Secretary
pg. 18
Reason: Authentication
Location: ORISSA HIGH COURT, ORISSA
Date: 02-Aug-2023 15:38:00
