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RAJESH KUMAR VERMA
Ratnesh Prasad Singh – Appellant
Versus
State of Bihar – Respondent
Rajesh Kumar Verma.—Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents.
2. The moot question in the present writ petition is that as to whether Red Cross Society is State or its instrumentally within the meaning of Article 12 of the Constitution of India or not.
3. The present writ petition has been filed for setting aside the order dated 12.09.2023 passed by the respondent no. 6 in pursuance of the decision of the respondent no. 5 whereby the result/certificate issued on 20.08.2023 after complete process of election in the Annual General Meeting for appointment of Management Committee of the Indian Red Cross Society District Unit Siwan amongst total 43 candidates on the basis of voting made through ballot paper by the total number of members 1440 has been set aside and all 43 candidates have been declared as Management Committee members which is contrary to the provision made under Chapter VI of Indian Red Cross Society Rules, under Rule 4 (g), VI of the Indian Red Cross Society for which the Respondent no. 4 and 5 have no jurisdiction.
4. The Indian Red Cross Society has been constituted with the mission and objectives to prevent and
The Indian Red Cross Society must adhere to statutory election procedures, and the High Court may only intervene in elections under exceptional circumstances, emphasizing the necessity of following t....
Court emphasizes that once the election process has commenced, judicial interference is limited, and eligibility for voting must comply with established rules within organizational frameworks.
AWrit Petition under Article 226 of the Constitution is not maintainable against a scheduled bank on the ground that the business of banking does not fall within the expression “public duty”.
The Gem and Jewellery Export Promotion Council does not qualify as an 'instrumentality of the State' under Article 12 due to insufficient governmental control, reinforcing its autonomous status.
The main legal point established in this judgment is that an entity can be considered 'the State' within the meaning of Article 12 if it is financially, functionally, and administratively dominated b....
A private body must be found to be discharging a public function closely related to functions performed by the State in its sovereign capacity to be amenable to the writ jurisdiction of the Court und....
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