CUTTACK: The dispute over validity of the notification issued for election of Odisha Medical Services Association (OMSA) has been laid to rest with the Orissa High Court quashing it on Wednesday. An appealing body of OMSA had constituted the central election committee and notified election by a notification issued on February 1, 2022.
The court had issued a stay order on the notification on February 14 after a petition challenged it. One Dr Pabitra Mohan Mallik filed the petition alleging that the central election committee was wrongly constituted.
The OMSA constitution provides for the appellate authority (central executive committee) to appoint an election committee called as central election committee. But an appealing body to engage in conciliation called itself the appellate authority and constituted the central election committee and notified for the election, the petitioner counsel Khirod Kumar Rout argued.
OMSA countered that the subject matter of dispute can be raised by petitioner after the election process is completed pursuant to the notification. Moreover, the Court should not interfere as the election process has commenced.The single judge bench of Justice Arindam Sinha held that the election process was not in compliance with the OMSA constitution and set aside the notification.
“There is clear indication that the provisions therein were not complied with and followed in 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 election had commenced,” Justice Sinha ruled.