Dismissed

Dr. Jeneeta Baa v. State of Odisha

Orissa HC10 Sept 2024WP(C)/21478/2024

Case brief

AI extract

What is this about?

This single judge order dismisses a writ petition challenging election irregularities by the an politi organization. The Court held the petition non-maintainable as an alternative remedy under Section 11-A of the Societies Registration Act, 1860 exists. The petitioner was granted liberty to approach the appropriate forum.

What did the court decide?

Liberty granted to the petitioner to approach the appropriate forum under Section 11-A of the Societies Registration Act, 1860.

Dr. Jeneeta Baa Vs State of Odisha — Writ and Judicial Review | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.21478 of 2024

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Dr. Jeneeta Baa …. Petitioner

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Represented By Adv.

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Mr. Alok Kumar Mohapatra

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-versus-

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State of Odisha & Ors. Opposite Parties Represented By AGA Mr. D. Mund

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

ORDER

Order

10.09.2024

No.

1 . This matter is taken up through hybrid arrangement.

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2 . The Petitioner has filed this Writ Petition challenging the notification dated 10.06.2024 passed by the Secretary General, Odisha Medical College Teachers’ Association (hereinafter referred as “OMTA”) under Annexure-1. He further seeks a direction from this Court to the Opposite Parties to issue fresh notification for the election process ensuring compliance with the OMTA bye-laws and democratic principles.

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3 . Heard learned counsels for the Parties.

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Page 1 of 3

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// 2 //

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4 . Learned counsel for the Petitioner submits that the Petitioner is an Associate Professor in the Department of Anatomy at VIMSAR, Burla. He contends that the notification is violative of bye-laws of OMTA and infringes the right under Articles 14, 15 and 21. The Petitioner has filed nominations for two posts, Secretary General and President, but was pressurized to withdraw one nomination.

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5 . He further submits that there is lack of proper notification for the Annual General Body (AGB) meeting, improper constitution of the election committee and discriminatory practices in setting up polling booths. It is a fact that the Petitioner participated and contested but, lost the election.

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6 . During course of hearing, learned counsel for the State obejcts the maintainability of the Writ Petition by way of citing Section 11-A of the Societies Registration Act, 1860 which provides for an alternative forum. The Section 11A of the Societies Registration Act, 1860 is quoted hereinbelow:-

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“[ 11A. Resolution of dispute: In the event of any dispute arising among the members of the society in respect of any matter relating to affairs of the society

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Page 2 of 3

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// 3 //

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including election, continuance of an office bearer in the society, any member of the society may file a petition in the Court of Senior Civil Judge having jurisdiction over the place at which the office of the society is situated and the said Court shall, after making necessary inquiry, pass such order as it may deem fit.]”

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7 . In such view of the matter, without going into the merit of the case, this Court is of the view that the Writ Petition is not maintainable on the ground that Section 11A of the Societies Registration Act, 1860 has provided a forum for resolution of the disputes pertaining to the matter relating to the affairs of the society including the election. The Petitioner is granted liberty to approach the appropriate forum for seeking her relief.

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8 . Accordingly, the Writ Petition is disposed of.

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(Dr. S.K. Panigrahi)

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Judge

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Sumitra

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Signature Not Verified

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Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 11-Sep-2024 19:43:03

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Dr. Jeneeta Baa v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dr. Jeneeta Baa v. State of Odisha

Case brief

What is this about?

What did the court decide?

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