• Tue. Sep 27th, 2022

HC rescinds election notification from Odisha Medical Services Association – The New Indian Express

ByMadeleine J. Pierce

May 20, 2022

By Express press service

CUTTACK: The dispute over the validity of the notification issued for the Odisha Medical Services Association (OMSA) election has been resolved and the Orissa High Court quashed it on Wednesday. An OMSA appeals body had constituted the central election committee and notified the election through a notification issued on February 1, 2022.

The court had issued an order suspending notification on February 14 after a motion challenged it. A Dr. Pabitra Mohan Mallik filed the petition alleging that the Central Election Committee was improperly constituted.

The constitution of OMSA provides for the appeal authority (Central Executive Committee) to appoint an electoral committee called the Central Electoral Committee. But an appeal body to engage in conciliation called itself the appeal authority and constituted the central and notified election committee for the election, argued petitioner Khirod Kumar Rout’s lawyer.

OMSA replied that the subject of the dispute can be raised by the petitioner once the electoral process is completed in accordance with the notification. Moreover, the Court should not intervene because the electoral process has begun. The single judge bench of Judge Arindam Sinha found that the electoral process was not in accordance with the OMSA constitution and quashed the notification.

“There are clear indications that the provisions contained therein were not complied with and followed in issuing the disputed notice. As I have said, the facts in this case show that the process of “Election was initiated by a committee which was not duly constituted under the statutes of the association. Under these circumstances, the election process cannot be said to have begun,” said Justice Sinha.