A writ petition challenging violation of a status quo order was dismissed. The Court found no material evidence that the opposite party assumed the charge of President after the order date, holding the petition devoid of merit. Reliance was placed on Notice No. 2 to prove violation.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) NO. 27450 OF 2022
Debasish Pattanayak
.... Petitioner
Mr. Gyaneswar Satpathy, Advocate -versus-
State Co-operative Election Commissioner, Bhubaneswar and others
…. Opp. Parties
Mr. H.M. Dhal, Advocate (For State Co-operative Election Commissioner-Opp. Party No.1)
CORAM: JUSTICE K.R. MOHAPATRA ORDER 02.12.2022
Order No.
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Opposite Party No.7 should be restrained from discharging his duties as President of Chandigarh Service Co-operative Society. 4. Mr. Dhal, learned counsel appearing for the Opposite Party No.1-State Co-operative Election Commissioner submits that on perusal of the order dated 14th July, 2022 passed by learned Tribunal, it is evident that the result of election was declared on 11th July, 2022, when the Opposite Party No.7 was declared uncontested. Thus, in all probability he assumed the office before the order of status quo was passed. There is no material on record to show that the Opposite Party No.7 had, in fact, assumed the charge of President of Chandigarh Service Cooperative Society after the order of status quo was passed. Hence, this writ petition is not maintainable and is liable to be dismissed.
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counsel for the Petitioner only indicates that the same was an information to the members of the Society for a meeting scheduled be held on 18th July, 2022. That cannot by itself be a material to show that the order dated 14th July, 2022 has been violated. In absence of any material to the effect that the Opposite Party No.7 assumed the charge of the office of President, Chandigarh Service Cooperative Society after the order of status quo was passed on 14th July, 222, I find no merit in the writ petition.
bks
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge
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2 issues framed by the court
Whether the petitioner is entitled to injunction to restrain the opposite party from assuming charge as President of the Society given lack of evidence of violation of status quo order.
Whether the notice of a scheduled meeting constitutes violation of the status quo order passed by the Tribunal.
Debasish Pattanayak
State Co-operative Election Commissioner, Bhubaneswar
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
