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2025 DAILYLAW 57892 (ORI)

PRAHALLAD MAJHI v. STATE OF ODISHA

WP(C)/27609/2023 · 2025-07-30

R K Pattanaik

Writ Petition (Civil)body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.27609 of 2023 Prahallad Majhi and others …. Petitioners Mr. P.K. Mishra, Advocate -Versus- State of Odisha and others …. Opposite Parties Ms. B. Dash, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 30.07.2025 03. 1. Heard Mr. Mishra, learned counsel for the petitioners and Ms. Dash, learned ASC for the State. 2. Instant writ petition is filed by the petitioner challenging the election of opposite party No.4 as the Vice- President of Block Kala Sanskruti Sangha, Khandapada held on 6th January, 2023 on the grounds stated therein with a direction to opposite party No.2 to consider Annexure-6 dated 5th August, 2023 and to dispose it of according to law. 3. Mr. Mishra, learned counsel for the petitioners without questioning the legality of the election of opposite party No.4 on any such grounds advanced submits that the grievance of the petitioners as at Annexure-6 is directed to be considered by opposite party No.2, as the same would serve the purpose. Page 2 of 3 4. Referring to the counter affidavit, Ms. Dash, learned ASC for the State submits that the writ petition is not maintainable as alternate remedy is available under the Societies Registration (Odisha Amendment) Act, 2021 and Section 11-A thereof. At the same time, it is submitted that the election to the post of Vice-President is of the year 2023 and at this distant point of time, the same should not be allowed to be challenged in the hands of the petitioners. 5. Without expressing anything on merit of the alleged claim and since the petitioners moved the authority concerned, namely, opposite party No.2 with their grievance as per Annexure-6 stated to be still pending without any decision, the Court is of the view that the said Authority should be directed to examine it for a decision as per and in accordance with law but within a stipulated period as the election of opposite party No.4 is of the year 2023 and tenure being of 3 years. 6. Hence, it is ordered. 7. In the result, the writ petition stands disposed of with the direction as aforesaid to be complied with by opposite party No.2 at the earliest preferably within a period of four weeks from the date of receipt of a copy of this order providing an opportunity of personal hearing to the petitioners and others including opposite party No.4. 8. Issue urgent certified copy of this order as per rules. Page 3 of 3 9. A copy of the counter affidavit with annexures is requested to be served on Mr. Mishra, learned counsel for the petitioner in course of the day. (R.K. Pattanaik) Judge TUDU