Important Point—There is no absolute rule that in an election process once commenced, interdicting the same relief cannot be granted.

1. The respondent Nos. 1 and 2 in S.O.P. No. 365 of 2016 on the file of I Additional Chief Judge, City Civil Court, Hyderabad, impugning the docket order dated 22.09.2016 in I.A. No. 1638 of 2016, maintained the revision.

2. The original petition is filed by the two petitioners by name K. Mallikarjuna Rao and S. Devender against as many as 53 respondents under Section 23 of Andhra Pradesh Societies Registration Act, 2001 (for short ‘the Act’), for the reliefs of declaration and perpetual injunction viz.

(a) Declaring the electorate, nominated by respondent Nos. 1 & 2, during the period 2013-16 i.e., respondents 4 to 53 as incompetent electorate, having nominated by the respondents 1 & 2 by fraudulent means, for the elections for the tenure 2016-19 to be held at South Central Railway Zone, for the Zonal Executive Committee of All India S.C. & S.T. Railway Employees Association, Secunderabad Zone, SCR, Secunderabad, as per the notification dated 16.09.2016.

(b) Declaring the Election Notification dated 16.09.2016 vide reference No. A1/SCT/REA/ZEC-09/2016 issued by the respondents 1 & 2 to elect the Zonal Executive Committee of SCR Zone, Secunderabad, for the tenure 2016-19 by the respondents 4 to 53, as illegal, improper, irregular, arbitrary, null and void non-est in the eye of law and contrary to the Amended Bye-laws of the All India SC/ST Railway Employees Association as amended by the Central Executive Committee on 27.02.2004 and duly circulated by letter dated 30.08.2005 of Railway Board, New Delhi.

(c) For the grant of a perpetual injunction restraining the respondents 1 & 2 from proceeding with the election process under the Notification dated 16.09.2016 vide No. AI/SCT/REA/ZEC-09/2016, for the elections for the tenure 2016-19 to be held at South Central Railway Zone, for the Zonal Executive Committee of All India S.C. and S.T. Railway Employees Association, Secunderabad Zone, SCR, Secunderabad.

(d) To award costs of the petition, and incidental expenses in favour of the petitioners and against the respondents, and

(e) To pass such other and further relief/s as this Hon’ble Court deems fit and proper in the circumstances of the case and in the interest of justice.

3. The petition averments show that it is the claim of the petitioners that All India (Nation wide) Scheduled Castes and Scheduled Tribes Railway Employees Association (for short ‘the Association’) for the welfare of SC/ST railway employees is registered under the Act, 1860 (old Act) with registration No. S/1517, which was recognized by Railway Board vide proceedings dated 27.07.1974, which has to act as per the bye laws amended on 27.02.2004 and as per the communications of the railway board by letter dated 30.08.2005, that the functional system of the organization is in 4 tier viz., the Central Executive Committee at Central Level, Zonal Executive Committee at Zonal Level, Divisional Executive Committee at Divisional Level and Branch Executive Committee at Branch Level within the Divisional level railways and the committees being elected through delegate system for Central, Zonal and internal levels and by direct election by its members at Branch level and the tenure of the governing body respectively is for 3 years from the date of election and on circulation of office bearers list by the administration in order to extend the facilities as mentioned in Paras 12 to 14 of Part II of the bye laws. The election notification shall be given 21 days before the date of election to all members besides endorsing a copy of the notification date to the railway authorities to know process of the election and to relieve the staff to exercise the right of vote by availing leave, after list of voters notified along with the notification duly assigned by outgoing President and Secretary and last date of filing nomination shall be 7 days before election and final list of contestant be displayed 4 days before election and after withdrawal if any on checking and scrutiny and