JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

1. The petitioner claims that he is holding the post of Chief Manager, State Bank of India, Stressed Assets Management Branch, J.C. Road, Patna and a member of the SBI Officer’s Association ( in short Association), Patna Circle. He further claims that he is contesting the election of the Central Committee of the said Association, which is registered under the Trade Union Act, 1926 (in short Trade Union Act).

2. This writ petition was registered on 16.11.2021, after its filing on 30th October, 2021. From Annexure-2 of the writ application, it appears that the programme for the election, namely, “Triellial General Election-2021-2024” of the Association was notified on 01.08.2021 where the last date of withdrawal of the nominations was fixed as 15.09.2021, publication of list of contestants as 15.09.2021 and the date of polling as 31.10.2021.

3. As would be evident from the cause title of the writ petition, apart from the State Bank of India and the Registrar/Additional Registrar, Shramik Singh (Labour Union), Government of Bihar, there is no official respondents impleaded in the writ application.

4. The petitioner after having participated in the process of election by filing nomination papers etc, has filed the present writ application, seeking following reliefs:-

“(i) To hold and declare that Clause 14(ii) of the bye-laws known as State Bank of India Officer’s Association, registered at Patna Circle, being registration no. 1972/1975 in accordance with the provisions of Trade Union Act, 1956 is opposed to the principle of free and fair election and as such, it needs to be amended in consonance with the object to hold election of Central Committee of State Bank of India Officers Association in accordance with settled principles of law;

(ii) To hold and declare that any member who intends to contest the coming election should not participate in the selection of the members of the election committee nor the General Secretary of outgoing central committee who intends to contest in coming election in the Central Committee should not publish an election programme under his signature;

(iii) To hold and declare that Clause 14(XXI) of the bye-laws which permit the election committee for scrutiny of ballot paper may nominate independent observer, but not in consultation with a member of the outgoing central committee including the General Secretary who intends to contest election;

(vi) To hold and declare that selection of the present election committee of which respondent no.5 was/is the General Secretary and is presently contesting the election had participated in the selection of 3 members election committee (Respondent No. 2-4) and has published the Election Programme in his signature be declared illegal and malafide;

(v) To hold and declare that at the time and in course of the counting of the polled ballot paper/the candidate or his/her authorized representative should be allowed to participate before certifying a candidate elected;”

5. It is evident from the relief(s) which the petitioner is seeking that he wants a declaration from this Court that Clause 14(ii) of the bye-laws of the Association is opposed to the principle of free and fair election and as such, it needs to be amended in consonance with the object to hold election of the Central Committee of the said Association. The petitioner is further seeking a declaration that Clause 14(XXI) of the byelaws which permits the election Committee for scrutiny of ballot paper, may nominate independent observer, but not in consultation with a member of the outgoing Central Committee including the General Secretary who intends to contest election.

6. A copy of the bye-laws has been brought on record by way of Annexure-1 to the writ application from which it transpires that the bye-laws were framed, way back in 1998. The petitioner apparently, did not raise any grievance before any forum in respect of the legality/correctness of the aforesaid provisions o