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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SUMAN SHYAM, S.M.MODAK
Brajendra Kumar Singh @ Kshatriya Brajendra Singh – Appellant
Versus
Learned Collector And District Magistrate, Mumbai City – Respondent
| Table of Content |
|---|
| 1. eligibility for election participation based on prior terms. (Para 1 , 2 , 3) |
| 2. arguments against nomination rejection and circular validity. (Para 4 , 6 , 11 , 12) |
| 3. court's reasoning on election process and statutory remedy. (Para 10 , 13 , 15 , 16 , 18) |
| 4. writ court's reluctance to intervene with statutory remedies. (Para 17) |
| 5. next steps and implications for election proceedings. (Para 19 , 22 , 23) |
Judgment :
Not on board. Taken on production board.
1. The seven Petitioners herein are the members of the Respondent No.5 i.e. The Jackson Co-operative Credit Society of the employees of the Western Railway Limited, which is a Multi State Co-operative Society. The elections in the society are scheduled to be held on 22nd December, 2025. As per Rule 15(1)(c) of The Railways Services (Conduct) Rules, 1966, the Petitioners being Railways’ employees, who have held more than two elective terms in the office of the society, are required to obtain permissions from the employer for participating /contesting the elections. There is a Circular dated 27th February, 2020, which restricts the members who have held more than two terms, from contesting the elections of the society
Statutory remedies should be exhausted before seeking writ relief; election eligibility must adhere to defined criteria as per issued Circulars.
The main legal point established in the judgment is the violation of the petitioner's fundamental right to participate in the election process due to the inconsistency between Bye-law 24(viii) and Se....
once an election process has been set in motion, though the High Court may entertain or may have already entertained a writ petition, it would not be justified in interfering with the election proces....
Cross-nomination between candidates in same constituency does not disqualify; rejection without valid statutory reason is illegal.
Rejection of a nomination is unlawful if no specific disqualifying provision exists, affirming the statutory right to contest elections.
The main legal point established in the judgment is that the bar under Section 73D of the M.C.S. Act does not apply to the petitioner for contesting the election to the Managing Committee of the coop....
Sub-rules (4) and (4A) would specifically make it clear that what was being sought to be explained by explanation was with regard to right to be included in a voters list and therefore, eligibility t....
The election jurisprudence, its principles and the applicability of election laws have different delineations and dimensions. They indeed operate, and has to be allowed to operate in their own way so....
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