JUDGMENT 1. Mr. Biswal, learned advocate appears on behalf of petitioners. He submits, his clients belong to Odisha Nursing Employees Association (ONEA). Though not required by by- laws of the association, his clients had applied for permission from the Home Department for holding virtual election, due to Covid-19. The Home Department vide letter dated 13th September, 2021 had informed Health and Family Welfare (H & FW) Department of it having given consent to conduct such election on virtual mode subject to condition, H & FW Department find it conducive, keeping in mind present Covid scenario. The elections were thereafter duly held and result declared but subsequent thereto there was receipt of letter dated 15th September, 2021 from H & FW Department, instructing not to go ahead with election procedure without its permission. 2. Mr. Pattnaik, learned advocate, Additional Standing Counsel appears on behalf of State and submits, without permission the election could not have been held. Therefore, the election and result declared are not recognized by the Government. 3. Mr. Nayak, learned advocate appears on behalf of opposite party nos.6, 7 and 8 and supports stand taken on behalf of State. 4. A paragraph from letter dated 22nd February, 2022 issued by H & FW Department and relied upon by State is reproduced below. 'Accordingly the received proposal was moved to Home Department for their consent in the matter. The Home Department vide their letter No.32322/dtd 13.09.2021 had intimated to H & FW department regarding their consent to conduct such election on virtual mode subject to condition, if H & FW department finds it conducive keeping in mind the present scenario of COVID-19 in the State. Subsequently in view the COVID pandemic situation, the Home department vide their letter bearing No.32712/dtd 15th September 2021 has cancelled their earlier order No.32322/dtd 13.09.2021. In this regard also no such consent has been issued by the H & FW department.' (emphasis supplied) State then relied on letter dated 15th September, 2021 of H & FW Department, which petitioners say was not received during conduct of the election and declaration of result. Text of the letter is reproduced below. 'Inviting a reference to the subject cited above, I am directed to inform that representations have been received at this end from two different sets of persons claiming to represent Odisha Nursing Employees Association. Text of the letter is reproduced below. 'Inviting a reference to the subject cited above, I am directed to inform that representations have been received at this end from two different sets of persons claiming to represent Odisha Nursing Employees Association. These sets of representations have mutually contradictory requests for conducting election and for cancellation of the election on dtd 14th and 15th of September, 2021. The matter is under inquiry. Pending inquiry it is instructed to both the sets of persons not to go ahead with the election procedure without prior permission of this department. This for information and necessary action.' 5. Neither State nor opposite party nos.6, 7 and 8 have been able to demonstrate, there is requirement under the by- laws to obtain permission to conduct election. Nevertheless, petitioners themselves sought permission and it was granted by the Home Department on 13th September, 2021 on conditions and subject to rider that H & FW Department would pronounce on whether it was conducive to hold the election. It would appear from letter dated 15th September, 2021 of cancellation by the H & FW Department that there is no reference to the pandemic as basis for the cancellation. Letter bearing no.32712 dated 15th September, 2021 of cancellation by Home Department was not disclosed by State. In the circumstances petitioners are justified in contending that they conducted election on permission granted by Home Department. 6. However, on observation made by Court, parties agree that State will forthwith, through Home Department or H & FW Department or both, issue permission for conducting fresh elections. That being the position, State is directed to issue permission within two weeks from date and thereafter, the election be held. 7. With above directions, the writ petition is disposed of.