IMPORTANT POINT
The court affirmed the necessity of adhering to established bye-laws in conducting elections and the invalidity of actions undermining duly elected bodies.

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. 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 th