The High Court · 2023
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.2319 of 2023 Keonjhar District Truck Owners Association and another …. Petitioners Mr. Prasanjeet Mohapatra, Advocate Mr. S.S. Ali, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. Debakanta Mohanty, A.G.A. for the State Mr. S. Nath, Advocate on behalf of Mr. A. Sanganeria, Advocate for the Respondent No.6 Mr. Adhiraj Mohanty, Advocate for the Intervener CORAM: THE CHIEF JUSTICE JUSTICE SAVITRI RATHO Order No. 01. 1. Heard Mr. Prasanjeet Mohapatra, learned counsel appearing for ORDER 15.09.2023
Legal Reasoning
the Appellant and Mr. Debakanta Mohanty, learned Additional Government Advocate appearing for the Respondents No.1 to 5. 2. Mr. A. Sanganeria, learned counsel, who appears usually for the Respondent No.6, is not available when the matter is taken up. On instruction of Mr. Sanganeria, Mr. S. Nath, learned counsel has appeared and submitted that Mr. Sanganeria, learned counsel has no instruction from the Respondent No.6. Page 1 of 8 3. By means of this intra Court appeal, the order dated 13th July 2023 passed by the learned Single Judge in W.P.(C) No.21806 of 2023 has been challenged. By the said order, learned Single Judge has observed that the Appellant No.1-Keonjhar District Truck Owners’ Association is a registered Society under the Societies Registration Act, 1860 (hereinafter referred to as “the Act”) and it is governed and guided by the Memorandum of Rules and Regulations and also under the provisions of the Act. 4. Multiple intra-society disputes arose and there was a series of litigation. In the process, at one point of time, it was found that even though the bylaws vide Clause-4 provides that once in every three years and six months, Office Bearers of the Society have to be elected in the Annual General Body Meeting, but, such election did not take place. As a result, last body of the Office Bearers lost all control over the Society by operation of the said bylaw. In this context, it has been reported to this Court that an Advisory Board under Clause-4(c) was formed in the General Body Meeting for looking after the emergency works of the Society. 5. One Mr. Nishit Ranjan Pattnaik, the Respondent No.6 herein, filed the writ petition being W.P.(C) No.21806 of 2023 seeking intervention of this Court. It had been urged in the said writ petition
Decision
that the Opposite Parties No.2 to 4 of the writ petition be asked to Page 2 of 8 explain why the delay caused in holding the election of the Opposite Party No.5-Association. That apart, it had been urged that the election process as per the resolution dated 3rd June 2023 be implemented and conducted by maintaining the law and order situation. Further, it had been urged that the Opposite Parties No.2 to 4 be directed to hold the election in the month of September, 2023. The Opposite Parties No.2, 3 and 4 therein are respectively the Inspector General of Registration-cum-Registrar of Societies, Odisha; the Collector and District Magistrate, Keonjhar and the Additional District Magistrate-cum-Additional Registrar of Societies, Keonjhar. It appears from the records that the said writ petition was intervened by the other interested persons. The writ petition was disposed of by the order dated 13th July, 2023 with the following observations and directions: “6. It is pertinent to mention here that as per press release issued by the Keonjhar District Truck Owners Association dated 03.06.2023 the interregnum election was declared to be held in the month of September 2023, the provisional voter list was to be published on 20.06.2023 and the final voter list was to be published on 28.06.2023. However, the process of preparing the electoral role has not been completed. 7. It is further submitted that the members of the Association have submitted their representations to the Page 3 of 8 opposite party Nos.1 to 4 on different dates for conducting election, publication of the voter list as well as issuance of necessary direction to the Advisory Board of Keonjhar District Truck Owners Association for initiating necessary action for the election of the Governing Body of the KDTOA office. 8. Considering the above facts and submissions made and without going into the merits of the case, this Court disposes of the writ petition directing the opposite party No.6 to prepare the electoral role and place it forthwith before the opposite party No.4/Additional District Magistrate-cum-Additional Registrar of Societies, Keonjhar who shall finalize the electoral role by the end of this month i.e. 31st July, 2023.” 6. The said order has been challenged in this appeal. 7. Mr. Mohapatra, learned counsel appearing for the Appellant – Keonjhar District Truck Owners’ Association has submitted that since the election process has started, the learned Single Judge ought not have passed the said direction. That apart he has submitted that amendment has been carried out in Section 11A of the Orissa Societies Registration Act, whereby it has been provided that any dispute arising out of the election process shall be decided by the court of the Senior Civil Judge of the said District. Therefore, the writ petition is not maintainable as the statutory jurisdiction was available to the Petitioner. That apart, Mr. Page 4 of 8 Mohapatra, learned counsel has submitted that there are decisions of the Apex Court where it has been laid down in no uncertain terms that when the process of election of a domestic body commences, no interference from the court is warranted. The process should be allowed to be continued to its logical end. 8. There is no dispute that after 9th August 2022, the Keonjhar District Truck Owners’ Association did not have any valid Committee of Office Bearers to run the said Association, which is a registered Society. According to Clause-4(b)(d), the elected body would only continue for three years and six months. Despite the expiry of the said period, the previous elected body’s Secretary i.e. the Opposite Party No.6 in the writ petition did not hold the election in time and finally it led to the present impasse. In such circumstances, those are interested to run Society as per the rules and according to the provisions of the Act, have approached the various authorities for peaceful conduct of the election for forming the new Committee of the Office Bearers. In that background, the learned Single Judge has issued the directions as noted above. 9. We are really surprised how the Keonjhar District Truck Owners’ Association may approach this Court, because in our considered view, they have lost their locus standi to approach this Court, as no rule or law permits them to represent the Society anymore. A void Page 5 of 8 has been created and all the decisions of the Supreme Court as cited have no nexus with such extraordinary circumstances. 10. Learned Single Judge has espoused to engage the Advisory Board in conducting the election, particularly in preparation of the voter list. According to us, that should not have been done. Accordingly, we, having considered that the extraordinary situation that arose in functioning the Society, direct the Inspector General of Registration-Respondent No.2 to hold the election by cancelling the process by virtue of this order. The process should start from publication of the draft list of the Members who has the eligibility to participate in the General Body Meeting and to cast vote for electing the office bearers. After publication of the draft list, a weeks’ time be provided for objection and within next three days after the deadline is over for submitting the objection. The Inspector General of Registration may decide the valid Members who can participate in the General Body Meeting. Thereafter, the final list of the Members shall be published with declaration that only those persons whose name has appeared or figured in the final list would be eligible to participate in the General Body Meeting to cast their votes, if required. 11. After the final voter list is published, the Inspector General of Registration shall fix the schedule of the election in various phases. Page 6 of 8 Notice is to be published inviting the nominations according to the Society’s rules. The date of withdrawal of nomination shall also be fixed and thereafter, the Inspector General of Registration shall fix a date for the general body meeting. In the said General Body Meeting election shall be held by secret ballots, if there is no consensus over election of the Office Bearers. All other ancillary functions like counting and declaration of results shall be done by the Inspector General of Registration. Attempt should be made to declare the results within 24 hours and the Inspector General of Registration shall also ensure that the new Committee, as would be elected, allowed to take over the management of the Society peacefully without any sort of un-towards incidents. The election process shall be completed by 15th November, 2023. 12. We would like to mention that the Inspector General of Registration may delegate all these duties and responsibilities, as noted above, to a dependable, responsible and competent officer and the said officer will work for holding election under his direct supervision. But, at the same time, we would mention that the Additional District Magistrate and the Additional/Deputy Registrar of the Societies, who is posted at Keonjhar at present shall be avoided in the present circumstances. Page 7 of 8 13. The Inspector General of Registration shall take steps for maintaining the law and order situation and in this regard, he should take active help from the Superintendent of Police, Keonjhar. The Superintendent of Police, Keonjhar shall ensure peace and tranquility all these days, till the election is over. 14. In view of the above observation, the direction as issued by the learned Single Judge by the impugned order is set aside. This order will prevail. We have passed this order in order to restitute the lawful functioning of the Appellant-Society. We place our appreciations for the counsel appearing for the parties. 15. In terms of the above, the present writ appeal stands disposed of. 16. Issue urgent certified copy of this order as per rules. A free copy of this order be supplied to Mr. Debakanta Mohanty, learned Additional Government Advocate for the State-Respondents forthwith. (S. Talapatra) Chief Justice Judge S.K. Guin (Savitri Ratho) Signature Not Verified Digitally Signed Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Sep-2023 18:19:56 Page 8 of 8