HC warns of Rs 1L fine for failure in filing response to plea for over 7 years | Bhubaneswar News
Cuttack: An Orissa high court judge has warned of imposing a fine of Rs 1 lakh on the state govt for failing to file a counter affidavit for over seven years to a petition regarding a dispute over the selection of office-bearers of a Dhenkanal club, whose ex-officio president is the district collector.
Bibhudendu Patnaik filed the petition on Aug 28, 2017, seeking intervention against the election of office-bearers of the club alleging illegality. Advocate Lalitendu Mishra made submissions on behalf of the petitioner.
Justice S K Panigrahi concluded the hearing and reserved judgment on the petition on Dec 12 last year.
Justice Panigrahi on Wednesday expressed displeasure as the state counsel had not filed any counter affidavit despite the court reserving judgment in the matter. “However, one week further time is granted to the counsel for the state to file the counter affidavit, failing which the cost of Rs 1 lakh shall be imposed on the state,” Justice Panigrahi said.
According to the petition, the club was established in 1961 for the promotion of science, literature and maintenance of a library and reading rooms for the public. Promoting cultural, educational, sports and physical activities by organising tournaments and cultural shows were also the club’s objectives.
The petition alleged illegal selection of office-bearers at the behest of the secretary on March 27, 2016, without following the due procedure of bye-law and without proper communication to all the members, including the Dhenkanal collector.
Initially, when the petition came up for hearing on Oct 9, 2017, HC directed the state counsel to take instructions from the collector regarding the present status of the management of Binod Bhawan Club. Although over seven years elapsed, the state counsel neither complied with the order nor filed any counter affidavit.
Bibhudendu Patnaik filed the petition on Aug 28, 2017, seeking intervention against the election of office-bearers of the club alleging illegality. Advocate Lalitendu Mishra made submissions on behalf of the petitioner.
Justice S K Panigrahi concluded the hearing and reserved judgment on the petition on Dec 12 last year.
Justice Panigrahi on Wednesday expressed displeasure as the state counsel had not filed any counter affidavit despite the court reserving judgment in the matter. “However, one week further time is granted to the counsel for the state to file the counter affidavit, failing which the cost of Rs 1 lakh shall be imposed on the state,” Justice Panigrahi said.
According to the petition, the club was established in 1961 for the promotion of science, literature and maintenance of a library and reading rooms for the public. Promoting cultural, educational, sports and physical activities by organising tournaments and cultural shows were also the club’s objectives.
The petition alleged illegal selection of office-bearers at the behest of the secretary on March 27, 2016, without following the due procedure of bye-law and without proper communication to all the members, including the Dhenkanal collector.
Initially, when the petition came up for hearing on Oct 9, 2017, HC directed the state counsel to take instructions from the collector regarding the present status of the management of Binod Bhawan Club. Although over seven years elapsed, the state counsel neither complied with the order nor filed any counter affidavit.
