PRAHALLAD PRADHAN @ PRAHALAD PRADHAN v. STATE OF ODISHA
WP(C)/37370/2025 · 2026-01-29
V Narasingh
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 3757 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3757 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.37370 of 2025
Prahallad Pradhan @ Prahalad Pradhan …. Petitioner
Mr. S. Das, Advocate
-versus-
1. State of Orissa represented by it's Secretary, Finance Department, Government of Odisha
2. The Under Secretary, Finance Department, Government of Odisha
3. Principal Secretary, Home Department, Government Of Odisha
4. Secretary, Home (Service Association Department)
5. Director, Treasuries and Inspection, Odisha
6. Samar Ranjan Kanungo …. Opposite Parties Mr. S. K. Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 29.01.2026
02.
1. Heard learned counsel for the Petitioner and
learned counsel for the Opposite Parties.
2. This is an application under Article 226 and 227 of the Constitution of India seeking the following relief:-
“In the light of the aforesaid facts and circumstances, this Hon'ble Court may be graciously pleased to set aside/ Quash the Letter No. 5014/FIN-TRY-MISC-0007-2023/F. dated 27.02.2024, issued by the Opposite Party No. 2 and further directs the Opposite Party Authorities to authorise the Petitioner, who is the General Secretary of All Odisha Treasury Ministerial Officers' Association (in short 'AOTMOA'), Bhubaneswar to Conduct a Fresh Biannual Election or to Form a Interim Election Body headed by a Officer not below rank of Joint- secretary to the Government to conduct a Fresh Biannual Election for All Odisha Treasury Ministerial Officers' Association (in short 'AOTMOA'), to secure the end of justice;
And; be further pleased to pass any other
order(s)/Direction(s) as this Hon'ble Court thinks fit and proper;
And; for this act of kindness the petitioner as in duty bound shall every pray.”
3. It is apt to note that seeking the self-same relief in terms of Annexure-1 the Petitioner was before this Court in WP(C) No.14322 of 2024 and vide order dated 18.06.2024, this Court did not entertain the writ application on the ground of maintainability while referring to Section 11A of the Societies Registration Act, 1860.
4. It is submitted by the learned counsel for the Petitioner that the Petitioner’s association is not governed by the provisions of the Societies Registration Act, 1860 and being the administrative control of the Finance Department, the writ petition is maintainable.
5. It is also brought to the notice of this Court that in the meanwhile the Petitioner had moved the common law forum but the same cannot be pursued because as on date the Petitioner is no longer the General Secretary an there are no office bearers because of non-holding of election.
And in this context, reliance is also placed on the Bye-laws which are on record.
6. On a perspicuous analysis of the materials on record, this Court is not persuaded to hold that the matter merits consideration in exercise of this Court under Article 226 of the Constitution of India.
7. Liberty is granted to the Petitioner to ventilate its grievance before the Administrative Department. And, if such steps are taken, this Court has no iota of doubt that the Administrative Department shall consider the same.
8. It is made clear that this Court has not expressed any opinion regarding merits of the
submissions that the Petitioner is under the administrative control of the Finance Department.
9. Accordingly, the writ petition stands disposed of.
(V. NARASINGH)
Judge
Jina