Odisha: HC revokes Odisha Medical Services Association election notification
Orissa High Court
Cuttack: In a recent judgment, the Odisha High court revoked the notification issued for the election of the Odisha Medical Services Association (OMSA) and declared it invalid.
As per a media report in the New Indian Express, an appealing body of OMSA had set up the central election committee. They had issued the election notification on February 1, 2022.
However, a petition challenging it was filed by Dr Pabitra Mohan Mallik who alleged that the central election committee was set up wrongly. After the petition was filed, the court had already put a stay order on the election notification on February 14.
The Kalinga TV reports that the OSMA elections are held once every two years. The term of the elected committee had ended in March 2021, however, the election was not held because of multiple reasons.
According to the OMSA Constitution, the appellate authority (central executive committee is given the power to an election committee called as central election committee. But the counsel for the petitioner, Khirod Kumar Rout argued that an appealing body to engage in conciliation called itself the appellate authority and constituted the central election committee and notified for the election.
However, the OMSA in turn had responded that the subject matter of dispute can be raised by the petitioner after the election process is completed pursuant to the notification. Further, it observed that the court should not interfere since the election process had begun already.
The single-judge bench of Justice Arindam Sinha set aside the election notification, stating that the election process did not comply with the OMSA constitution, reports TNIE. Justice Sinha noted, "There is a clear indication that the provisions therein were not complied with and followed in the issuance of impugned notification. As aforesaid, facts, in this case, go to show that the process of election was commenced by a committee not duly constituted under the association's constitution. In the circumstances, it cannot be said that the process of the election had commenced."
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