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2024 DIGILAW 894 (AP)

B. anand Ratnakar v. Union Of India

2024-07-31

VENKATESWARLU NIMMAGADDA

body2024
ORDER : The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a Writ, order particularly in the nature of Writ of Mandamus or any other appropriate Writ, Order or direction directing the respondents to circulate list of the office bearers who were democratically elected as the impugned order No.SCR/P-BZA/171/AISCT/Adhoc/ELS Br dated.05.07.2024 is contrary to the Para No.12 of the Bye-law hence the impugned order is liable to be set aside and pass such other order or orders..” 2. Heard learned counsel for the petitioners and learned counsel for the respondents. 3. The brief facts of the case of the petitioners are that the petitioners herein are members of an elected governing body pursuant to the election held on 07.03.2024 vide election notification dated 15.02.2024 issued by the outgoing managing committee/governing body in compliance with the para 12 and 13 of the Bye-laws of the All India SCs &STs Railway Employees Association. The said election dated 07.03.2024 was held in compliance with the bye-laws of the association apart from the required permissions obtained from the 3rd respondent herein. While conducting the elections in a democratic manner, the election authority informed all the authorities concerned including the police authorities for observation as well as for approval of the election process. Accordingly, the executive committee was duly elected as per the provisions of the bye-laws of the Association. The result of the election was circulated by the observer to the 3rd respondent herein vide letter dated 11.03.2024 declaring the petitioner Nos. 1 to 3 herein elected as President, Secretary and Treasurer rightfully and further requested the 3rd respondent to circulate the new executive committee as required. 4. The further case of the petitioners is that even though the election was declared and requested by the election observer to the 3rd respondent herein for circulation of the said elected new executive committee, but for the reasons known to the 3rd respondent, he neither circulated nor acted upon. 4. The further case of the petitioners is that even though the election was declared and requested by the election observer to the 3rd respondent herein for circulation of the said elected new executive committee, but for the reasons known to the 3rd respondent, he neither circulated nor acted upon. While things stood thus, contrary to the duly conducted elections and its declaration, the Divisional Secretary of the Association/5th respondent herein addressed a letter dated 16.03.2024 to the 3rd respondent alleging that there are certain lapses and hidden facts while conducting elections and requested the 3rd respondent not to circulate the list of Elected office bearers of Branch/new executive committee, Electrical Loco Shed, Vijayawada branch without recommendations of the respective upper body i.e., All India SC & ST Railway Employees Association, Vijayawada Division. Pursuant to the objections raised by the Divisional Secretary/5th respondent herein, so far, the petitioner’s executive committee was not circulated as required under bye-laws and as per the guidelines of the railway board. Aggrieved by the same, the petitioners filed the present writ petition. 5. Learned counsel for the petitioners submits that by entertaining the objections alleged in the letter dated 16.03.2024 addressed by the 5th respondent/Divisional Secretary of the association, the 3rd respondent herein for the reasons best known to him not circulated the list of executive committee bearers of the subject branch as required under the guidelines of the railway board, contrary to the bye-laws of the association. He further submits that once the executive committee which is democratically elected by following due procedure as contemplated under the bye-laws of the association, the said election/executive committee cannot be nullified by the 3rd respondent without assigning any reasons and enquiry, simply basing upon the complaint of the 5th respondent. He further submits that the 3rd respondent herein vide proceedings dated 25.03.2021 circulated the previous elected executive committee elected in respect of the loco shed branch Vijayawada division. He further submits that the previous circulated executive committee is re-elected on 07.03.2024. Even though the same committee was re-elected, without circulating the same as required, but for the reasons best known to the 3rd respondent, the 3rd respondent issued impugned proceedings dated 05.07.2024 and constituted an adhoc committee appointing all the members who were defeated by the present executive committee, contrary to the rules and object of the bye-laws of the association. Even though the same committee was re-elected, without circulating the same as required, but for the reasons best known to the 3rd respondent, the 3rd respondent issued impugned proceedings dated 05.07.2024 and constituted an adhoc committee appointing all the members who were defeated by the present executive committee, contrary to the rules and object of the bye-laws of the association. Hence, the impugned proceedings of the 3rd respondent dated 05.07.2024 is liable to be set aside. 6. On the other hand, even though learned counsel for the respondents granted ample opportunities for getting instructions, till date, learned counsel for the respondents neither filed written instructions nor filed any counter affidavit. 7. Learned Standing Counsel appearing for the 4th and 5th respondents submits that the present adhoc body is appointed only for a period of four (04) months for conducting fresh elections and to place regular body as per the provisions of the bye-laws of the association and as per the guidelines in reference to the railway board letter dated 11.07.2007. He further submits that the 4th and 5th respondents herein duly addressed a letter dated 16.03.2024 to the 3rd respondent herein intimating that the subject elections were not duly conducted on 07.03.2024 and requested not to circulate the list of Elected Office Bearers of Branch/petitioners without recommendations of the respective upper body i.e, All India SCs & STs Railway Employees Association, Vijayawada Division. After receipt of compliant from the 5th respondent vide letter dated 16.03.2024, the 3rd respondent issued the impugned proceedings dated 05.07.2024. Therefore, the impugned proceedings dated 05.07.2024 issued by the 3rd respondent appointing the adhoc committee need not to be interfered. He further submits that if there is any grievance, the petitioner can redress the same by approaching the higher authorities concerned but not by invoking the jurisdiction of this Hon’ble Court. 8. Heard learned counsel for the petitioners, Sri Rudra Prasad, learned counsel appearing for respondent Nos. 1 to 3 and Sri B.Rajesh Kumar, learned counsel appearing for respondent Nos. 4 and 5 and on perusal of the material placed on record, it is observed that the outgoing committee which was recognized and circulated on 25.03.2021 was duly nullified and fresh election was conducted in respect of loco shed branch, Vijayawada division on 07.03.2024 in compliance of Rule 12 and 13 of the Bye-laws of the association. 4 and 5 and on perusal of the material placed on record, it is observed that the outgoing committee which was recognized and circulated on 25.03.2021 was duly nullified and fresh election was conducted in respect of loco shed branch, Vijayawada division on 07.03.2024 in compliance of Rule 12 and 13 of the Bye-laws of the association. It is further observed that while conducting the elections, the election authority who was appointed by the association duly issued election notification dated 15.02.2024 and duly prepared voters list and also addressed a letter to the 3rd respondent for appointment of observer and accordingly, the observer was also appointed by the 3rd respondent. In turn, the observer declared the election and forwarded the proceedings of declaration of election result on 11.03.2024 to the 3rd respondent herein. The said declaration was duly signed by the election officer as well as the observer appointed by the association as well as the 3rd respondent herein. As contended by the learned counsel for the petitioner, the entire election in respect to the petitioner executive committee was conducted in compliance of the Rule 12 and 13 of byelaws of the society is valid and acceptable. 10. For better understanding Rule 12 and 13 of the bye-laws are extracted hereunder: “12. Elections:- A) Election in unit shall be performed democratically for which a due notice shall be given (well in advance i.e., before 21 days) to all the members by the outgoing Secretary/President. This is applicable in the case of Zones/Divisions/Workshop/Branches and Central Body. The elections of the branch/divisions/zones should finish within 15 days from the expiry of tenure. 13. Election Procedure:- Election for further tenure for the elected posts in a unit shall be performed democratically for by way of balloting or raising hands, for which, a due notice shall be given well in advance i.e., 21 days before the date of election to all members by the outgoing Secretary/President. In case of Branch Executive Committee & Sub- Workshop Executive Committee, the primary members will democratically elect its executive body and in case of DEC/WEC/ZEC/CEC, the voters to elect that body, shall be termed as delegates. In case of Branch Executive Committee & Sub- Workshop Executive Committee, the primary members will democratically elect its executive body and in case of DEC/WEC/ZEC/CEC, the voters to elect that body, shall be termed as delegates. Delegates for a DEC/WEC means the elected office bearers of BEC for a ZEC means the elected office bearers of DEC/WEC and BEC which is directly attached with ZEC and for CEC means the elected office bearers of ZEC of Zonal Railways & Production Units duly elected and circulated by Railway Administration and sent by it for the purpose. The list of voters shall also be notified along with the notification duly signed by the outgoing President & Secretary. The last date of filling of nomination shall before seven days from the date of election and the final list of contestant shall be displayed before four days from the date of election after the formalities of checking and withdrawal of nomination etc. Objection if any can be considered and examined before one day from the date of election and no any objection can be considered on the day of election.” 11. It seems that the 3rd respondent ignored the petitioner’s executive committee, who were elected as executive committee vide election notification dated 07.03.2024. It is further observed that even though the petitioners were duly elected in compliance of the byelaws of the association, entertaining the objections of the 5th respondent and issuing impugned proceedings dated 05.07.2024 appointing adhoc committee is contrary to the bye-laws as well as democratic process of election, the said action is arbitrary and high handed action on part of the 3rd respondent herein. Therefore, the said impugned proceedings are liable to be set aside. It is further observed that even though the petitioners’/the elected executive committee submitted representation dated 18.06.2024 to the 3rd respondent for circulation of the committee as per the bye-laws, so far, the 3rd respondent neither considered the representation nor passed any order which is nothing but dereliction of statutory duties on part of the 3rd respondent herein. 12. In view of the foregoing reasons, the impugned proceedings dated 05.07.2024 issued by the 3rd respondent are liable to be set aside. 13. Accordingly, the writ petition is disposed of with the following directions: i) The impugned proceedings dated 05.07.2024 issued by the 3rd respondent are hereby set aside. 12. In view of the foregoing reasons, the impugned proceedings dated 05.07.2024 issued by the 3rd respondent are liable to be set aside. 13. Accordingly, the writ petition is disposed of with the following directions: i) The impugned proceedings dated 05.07.2024 issued by the 3rd respondent are hereby set aside. ii) Further, the 3rd respondent is directed to consider the representation dated 18.06.2024 submitted by the petitioner and pass appropriate orders with reference to the bye-laws of the association as well as the letter dated 11.03.2024 addressed by the election officer as well as the election observer to the 3rd respondent within a reasonable time. 14. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed.