C. Y. SOMAYAJULU, J.

( 1 ) THIS writ petition is filed by All India SC and ST Railway Employees Association, Head office at New Delhi, Zonal Office at secunderabad, represented by its Divisional secretary (for short "the Association"), for"issuance of a writ, order or direction, more particularly one in the nature of a writ of mandamus, declaring the respondents to order re-elections according to law after canceling the elections held on 10-01-2003 as arbitrary, null and void and consequently to direct respondent No. 7 not to recognize the elected members and office bearers and to conduct fresh elections according to bye-laws of All India SC and ST Railway employees Association Guidelines issued by the Railway Board".

( 2 ) THE affidavit filed in support of the writ petition, sworn to by one K. Nageswara rao, S/o. K/p/ Naganna, enumerates the irregularities said to have been committed during the course of election and it is stated that in view of those irregularities, the election held to the petitioner association should be declared null and void.

( 3 ) AS I entertained a doubt about the maintainability of the writ petition for the relief sought in this petition and also the maintainability of a petition to declare the election of the office bearers of the association null and void by the Association itself, but not by a member of the association, I questioned and requested the learned counsel for the petitioner to state as to how this petition filed by an Association, which is said to be a Society registered under the Societies Registration Act, 1860, is maintainable more so because there is no allegation in the affidavit that the association is being funded or receiving grant from either the State or the Central government. The learned counsel for the petitioner, placing strong reliance on b. S. Minhas v. Indian Statistical Institute1, contended that this petition is maintainable in view of Article 12 of the Constitution of india.

( 4 ) IN B. S. Minha s case1, relied on by the learned counsel for the petitioner, the Writ petition was filed against Indian Statistical institute, dominated by the representatives appointed by the Central Government, and, in fact, the money required for running of the said Institute was provided by the central Government and it can receive money from others only with the approval of the Central Government. The accounts of the said Institute have to be submitted to the central Government for its scrutiny and satisfaction, and the said institute has to comply with all directions as may be issued by the Central Government, and thus the control of the Central Government on the institute is deep and pervasive. Therefore, the Supreme Court held that the said institute, for all incidents and purposes, is but an instrumentality of the Central government, and as such is an authority within the meaning of Section 12 of the constitution, and would be subject to constitutional obligations under Articles 14 and 16 of the Constitution. The case of the petitioner association is entirely different, the constitution of the petitioner association, filed along with the writ petition, shows that its General Body comprises of zonal bodies, and has Central executive Committee, Zonal Executive committee, Divisional Executive committee, Branch Executive Committee, zonal Executive of CLW/dlw/icf/rdso and RLY. Board, Works Executive Committee and Sub Workshop Executive, and has a president, Vice President, General Secretary, additional General Secretary, Treasurer, cashier, etc. , and other office bearers; and uniform membership fee of Rs. 3. 00 has to be paid by the each member to the Association annually. Learned counsel for the petitioner, took me through the bye laws of the petitioner Association under heading "share due to each unit" at page-17, "distribution of income" at page-19 of the Bye laws and contended that headquarters mentioned therein relates to headquarters of the South central Railway and so South Ce

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