Disposed

Dr.Kishore Chandra Mishra v. State of Odisha

Orissa HC18 Sept 2024WP(C)/23227/2024

Case brief

AI extract

What is this about?

Petitioner sought inclusion of life members in the voter list for OMCA elections. Court denied locus standi but directed disposal of the pending representation regarding petitioner's specific representation within three days.

What did the court decide?

Writ petition dismissed due to lack of locus standi; specific representation of petitioner to be disposed of within three days.

Dr.Kishore Chandra Mishra Vs State of Odisha — Service and Employment | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.23227 of 2024

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Dr. Kishore Chandra Mishra …. Petitioner(s)

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Mr. Bibhuti Bhusan Mishra, Adv.

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-versus-

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State of Odisha & Ors. …. Opposite Parties Mr. Gyanaranjan Mohapatra, ASC

Order

No.

CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 18.09.2024

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1 . This matter is taken up through hybrid arrangement.

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2 . In filing this Writ Petition, the Petitioner being a life member of the Odisha Medical Services Association and also an aspirant for the post of Office bearer of the Central Working Committee, Odisha Medical Services Association, has sought for a direction from this Court to the Opposite Parties for including the names of the life members enrolled up to the cut-off date as per the election notification/ Annexure-3, in the voter list prepared for the election of the Central Working Committee, Odisha Medical Services Association.

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3 . Learned counsel for the Petitioner submits that election for the post of Office bearers of the Central Working Committee, Signature Not Verified Odisha Medical Services Association is going to be held from Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication 21^st September, 2024 to 23^rd September, 2024. He further Location: High Court of Orissa Date: 18-Sep-2024 16:41:43 submits that due to the condition imposed in the election

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Page 1 of 3

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notification vide Annexure-3 so many life members have been deprived to cast their votes in the upcoming Election.

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4 . Learned counsel for the Petitioner further contends that there should be a free and fair election of the Central Working Committee, Odisha Medical Services Association. All the life members should be allowed to cast their votes in the upcoming election. He, accordingly, prays for allowing the prayer made in this Writ Petition.

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5 . Pursuant to the query of this Court, learned counsel for the Petitioner submits that the Petitioner is a valid life member and he is contesting the election. At this juncture, learned counsel for the Petitioner prays for a direction from this Court to the Opposite Parties for considering the representation at the instance of the Petitioner vide Annexure-4.

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6 . Considering the submission made on behalf of the Petitioner and looking to the factual scenario of the case, this Court is of the view that the Petitioner has no locus to file the present Writ Petition as he is not the affected party in the present dispute. He is only trying to steal a march in the election by way of this Writ Petition. Since the present dispute comes within the purview of the provision of the Constitution of the Odisha Medical Services Association, the relevant

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provision at Part ‘X’ of the Constitution is extracted herein Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 18-Sep-2024 16:41:43

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below:-

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“PART-X. APPEALLATE BODY

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Page 2 of 3

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It is a conciliatory body and consist of 5 members comprising of chairman cum convener Director of health services Odisha, Director of public health Odisha, Director of family welfare Odisha, director of vital statistics and intelligence, director of capital Hospital. The contestants indifferent posts can represent and put their grievances in writing in connection with the election of OMSA before the appellate body at any time during the process of election until declaration of the result by election commission. Appellate body will try their best to bring out an amicable solution looking into the grievances and discussion with all concerned. The decision of the appellate body may be communicated to the concerned contestant under intimation to the election commission.”

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7 . In such view of the matter, this Court does not incline to entertain the prayer made in this Writ Petition. However, considering the request of learned counsel for the Petitioner and since the election in question is going to be held soon, this Court directs that the representation at the instance of the Petitioner vide Annexure-4 shall be disposed of within a period of three days from the date of presentation of an authenticated copy of this order.

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8 . This Writ Petition is, accordingly, disposed of.

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(Dr. S.K. Panigrahi) Judge

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Ayaskanta

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 18-Sep-2024 16:41:43

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Dr.Kishore Chandra Mishra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dr.Kishore Chandra Mishra v. State of Odisha

Case brief

What is this about?

What did the court decide?

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