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VENKATESWARLU NIMMAGADDA
B. anand Ratnakar – Appellant
Versus
Union Of India – Respondent
ORDER :
The present writ petition is filed under Article 226 of the Constitution of India seeking following relief:
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
The court affirmed the necessity of adhering to established bye-laws in conducting elections and the invalidity of actions undermining duly elected bodies.
The main legal point established in the judgment is that the election of office bearers must adhere to the prescribed procedure in the amended bye-law, and any directions issued must have the authori....
Courts should not ordinarily interfere with an ongoing election process.
A writ petition under Article 226 is not maintainable if the underlying issue has been resolved, rendering the petition moot.
Point of law: Election dispute which is sought to be resolved, the Division Bench was of the view that, the election dispute in a trade union need not be interfered with by the writ Court.
A writ petition can be dismissed for non-prosecution if the petitioner fails to appear and show interest in the proceedings.
An election within an unregistered association is invalid if conducted by an improperly constituted committee that does not adhere to its governing constitutional provisions.
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